Statute
CEQA
1,312 published works
Administrative and Regulatory
Santa Monica Baykeeper v. City of Malibu (2011) 193 Cal.App.4th 1538
Petitioner challenged the City of Malibu’s (City) approval of the Legacy Park project, a water treatment plant designed to reduce pollution and protect water quality at nearby beaches. After an…
Administrative and Regulatory
Banning Ranch Conservancy v. Superior Court (2011) 193 Cal. App. 4th 903
Petitioner retained the law firm Shute, Mihaly & Weinberger (Shute) to challenge the City of Newport Beach's (City) plan to a build a highway on its land. The City responded…
Environmental and Climate
Landvalue 77, LLC v. Board of Trustees (2011) 193 Cal. App. 4th 675
In a case involving a mixed-use development project on a university campus, the Fifth District Court of Appeal held the trial court acted in error by failing to issue a…
Government and Public Policy
Wilson & Wilson v. City Council of Redwood City (2011) 191 Cal. App. 4th 1559
The plaintiff challenged the City’s approval and construction of a retail-cinema redevelopment project in the City’s downtown. While the lawsuit was pending before the Superior Court the plaintiff did not…
Administrative and Regulatory
Save the Plastic Bag Coalition v. City of Manhattan Beach (2011) 52 Cal. 4th 155
An association of plastic bag manufacturers challenged the city’s negative declaration, claiming the city’s ordinance prohibiting the distribution of plastic bags would have significant environmental impacts resulting from an increased…
CEQA Developments
Breaking Down CEQA’s Administrative Record Statute: Fifth District Explains What’s In and What’s Out
In a highly detailed and analytical opinion, the Fifth District Court of Appeal addressed and answered numerous novel legal questions regarding the proper interpretation and application of Public Resources Code…
Environmental and Climate
Contents of an Administrative Record: Who is in “Control”?
Preparation of the administrative record for CEQA litigation is governed by Public Resources Code section 21167.6, subdivision (e). In Consolidated Irrigation District v. The Superior Court of Fresno County, (2012)…
Land Use Law Blog
Tolling Agreement for CEQA Lawsuit Challenging a General Plan Update is Upheld Against Property Owner Challenge
The First Appellate District Upholds Use of Tolling Agreements in CEQA Litigation.
Land Use Law Blog
Climate Change: a new perspective on long range planning.
While CEQA predominates many local government discussions of climate change, the state has taken a longer view as well, seeking input on strategies for local adaption to climate change. The…
Government and Public Policy
Tolling Agreements to Extend CEQA’s Statute of Limitations during Settlement Discussions are Valid
In Salmon Protection and Watershed Network v. County of Marin (2102) 2012 Cal.App. LEXIS 458, the court considered whether a public agency and a party disputing the adequacy of an…