Statute
CEQA
1,312 published works
Administrative and Regulatory
Speak Now or Forever Hold Your Peace: Petitioners Must Exhaust Their Administrative Remedies Prior to Challenging an Agency’s Decision That a Project is Categorically Exempt from CEQA
In Tomlinson v. County of Alameda (Case No. S188161), the Supreme Court of California held that the exhaustion of administrative remedies provision as set forth in Public Resources Code section…
California Land Use & Development Law Report
Speak Now or Forever Hold Your Peace — Issue Exhaustion Applies to CEQA Exemptions.
The California Supreme Court has issued a landmark decision holding that the exhaustion doctrine – which requires parties to raise their claims at the administrative level before litigating them in court --…
Environmental and Climate
CSU Board of Trustees’ EIR for Campus Expansion was Held as Sufficient, with the Exception of its Analysis on Impacts to Surrounding Parklands
In an unpublished decision, City of Hayward v. Board of Trustees of the California State University, 2012 Cal. App. Unpub. LEXIS 4097, the Board of Trustees of the California State…
California Land Use & Development Law Report
Do Effects on the Adequacy of Public Services Have to be Mitigated Under CEQA?
No, at least according to a recent court of appeal decision in a case brought by the City of Hayward to challenge the EIR for the California State University East Bay campus…
Land Use Law Blog
Revised EIR for Wal-Mart Supercenter Is Upheld On Second Go-Around
In this case, the Court of Appeal, Third Appellate District, upheld a city's certification of a revised EIR on a Wal-Mart Supercenter. Chock-full of CEQA issues ranging from what documents…
California Land Use & Development Law Report
Supreme Court to Decide Scope of Categorical Exemptions from CEQA
In what is perhaps the most controversial CEQA decision this year, the court of appeal in Berkeley Hillside Preservation invalidated permits for construction of a single-family home, ruling that the…
CEQA Developments
How Recent CEQA Cases Show The Need For Legislative CEQA Reform
Some CEQA practitioners think the sheer volume of published CEQA opinions demonstrates the need for reform – res ipsa loquitur, so to speak. Recently a litigation mentor of mine, a…
Real Estate & Construction
Court Denies Attorney’s Fees Where Successful Petitioner Does Not Confer a Significant Benefit to Public and Discharges Writ of Mandate After Compliance
In an unpublished opinion, California Oak Foundation v. County of Tehama (2012) 2012 Cal. App. Unpub. Lexis 3970, the California Third District Court of Appeal affirmed a decision denying petitioner’s…
California Land Use & Development Law Report
State University’s Duty to Mitigate Transportation Impacts to be Considered by Supreme Court
In City of San Diego v Board of Trustees of the California State University, the court of appeal overturned the EIR for the San Diego State University campus expansion plan,…
California Land Use & Development Law Report
Appendix G of CEQA Guidelines Cannot Require Analysis of Effects of Environment on Project
Provisions of Appendix G of the CEQA Guidelines that purport to require analysis of the effects of environmental hazards on a proposed project have been declared invalid by California's Second District Court of Appeal. The…