Statute
CEQA
1,311 published works
CEQA Developments
First District Holds CEQA Does Not Apply To Napa County Ordinance Clarifying Its Ministerial Lot Line Adjustment Practice, And That Sequential Lot Line Adjustments Do Not Violate Subdivision Map Act Exclusion’s “Four or Fewer” Limitation
In a case addressing important issues affecting local agencies and landowners (disclaimer: I represented the County of Napa in the trial court and on appeal), the First District (Division 4) Court…
Real Estate, Land Use & Environmental Law Blog
Use of Projected Future Conditions Appropriate Baseline for Analyzing Impacts of Long-Term Infrastructure Projects
Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, et al., B232655 (2nd Dist. Div. 8, April 17, 2012) By Daniel Bane In Neighbors for Smart Rail v. Exposition…
CEQA Developments
Supreme Court Declines to Review or Depublish “CEQA In Reverse” Decision
On March 21, 2012, the California Supreme Court denied a petition for review of the Second District’s published opinion in Ballona Wetlands Land Trust, et al. v. City of Los…
Land Use Law Blog
2012 CEQA 1st QUARTER REVIEW
By William W. Abbott, Diane Kindermann, Elizabeth Strahlstrom, Katherine J. Hart and Glen Hansen The first quarter cases largely hone or refine established CEQA concepts. Not surprisingly, two decisions reaffirm…
Real Estate, Land Use & Environmental Law Blog
California Supreme Court Denies Review of Case Holding that CEQA Does Not Require Analysis of Effects on a Project Caused by the Environment
By Michael Hansen The California Supreme Court unanimously declined to hear a challenge to the revised environmental impact report for the Playa Vista development in Los Angeles in Ballona Wetlands…
Environmental and Climate
Thomas Law Group Research Supports Conclusions in San Francisco Chronicle Highlighting the Need for CEQA Reform
On March 6, 2012, the San Francisco Chronicle published an article entitled “Costly, lengthy appeals part of S.F.’s culture.” (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/06/MNB21N1TA9.DTL.) The article highlights how San Francisco’s environmental appeal process and…
Land Use Law Blog
Compliance with Trial Court Writ Renders Moot an Appeal on the Merits
Public agencies looking to appeal the merits of an adverse judgment and writ of mandate have to be careful about not taking actions which render the lawsuit moot. Awards of…
Environmental and Climate
Court Upholds EIR for a Wind Energy Project Despite the Conceptual Nature of the Project Description
In an unpublished decision, Bedford v. Santa Barbara County, 2012 Cal.App.Unpub.LEXIS 886, the Second Appellate District upheld a trial court’s ruling denying a petition challenging the adequacy of an environmental…
Real Estate & Construction
Court Applies Strict Interpretation of the Exhaustion Doctrine to Deny Challenges to a Mitigated Negative Declaration for a Small Housing Complex
In an unpublished decision, Kentfield-Union Neighborhood Ass'n v. Redwood City Council, 2012 Cal.App.Unpub.LEXIS 736, the First Appellate District upheld the trial court’s ruling that the Redwood City Council complied with…
Administrative and Regulatory
Court Rejects Use of an MND for a Residential Development Relying on Groundwater Holding that Existing Groundwater Overdraft Establishes the Project will Potentially Result in a Cumulatively Considerable Groundwater Impact
In an unpublished decision, the Consolidated Irrigation District filed a petition for writ of mandate challenging the City of Selma’s use of a mitigated negative declaration in approving a 160-unit,…