Statute
CEQA
1,311 published works
Land Use Law Blog
County Dug Itself a Hole by Limiting its Scope of Review
By Katherine J. Hart In Renee D. Nelson v. County of Kern (November 19, 2010, No. F059293), a mining company submitted an application to the County of Kern (“County”) to…
Real Estate, Land Use & Environmental Law Blog
Baseline Using Existing Entitlements Acceptable If It Corresponds To Conditions “On The Ground”
Cherry Valley Pass Acres and Neighbors, et al. v. City of Beaumont, E049651 (4th Dist. Div. 2, November 22, 2010) By Daniel Bane In Cherry Valley Pass Acres and Neighbors,…
Land Use Law Blog
Authority to Delay a Project Does Not Make the Project Discretionary
Just because an agency has time to think doesn't mean it does. In Juana Briones House v. City of Palo Alto (October 27, 2010, H033275) ___ Cal.App.___ the Sixth District…
Land Use Law Blog
Court Upholds Agency’s Reasonable Assumptions in its Urban Water Management Plan
In preparing an urban water management plan, the agency may rely upon reasonable assumptions, supported by substantial evidence. A reviewing court should apply deference to the agency's decision.
Land Use Prof Blog
Owley Lippman & Levy on Preservation as Mitigation under CEQA
Jessica Owley Lippman (Buffalo) and David C. Levy (Morrison & Foerster) have posted Preservation as Mitigation Under CEQA: Ho Hum or Uh-Oh?, published in Environmental Law News, Vol. 14, No. 1, p.…
Real Estate, Land Use & Environmental Law Blog
Governor Schwarzenegger Signs Two Bills Providing Moderate CEQA Improvements
By Misty L. Calder Senate Bill ("SB") 1456, authored by Senator Joe Simitian (D-Palo Alto), and Assembly Bill ("AB") 231, authored by Assembly Member Alyson Huber (D-El Dorado Hills), were…
Land Use Law Blog
Are 1021.5 Attorneys Fees All or Nothing?
Attorneys' fees under the private attorney general doctrine codified in Code of Civil Procedure section 1021.5 have become almost a "given" when a petitioner wins a CEQA suit. Two decisions…
Land Use Law Blog
Go Bears! Court Approves Cal Bears Athletic Facility Expansion
Cal Bear offense and defense claim victory in CEQA win.
Land Use Law Blog
Land Use Litigation Traps
An unknowing petitioner faces a potential dismissal in a land use case for failure to obtain and serve a summons (Subdivision Map Act) or failure to request and serve a…
Land Use Law Blog
Appellate Court Post – Save Tara: Preliminary Exploration Does Not Constitute Project Commitment for CEQA
By Leslie Z. Walker In City of Santee v. County of San Diego (June 7, 2010, D055310) __Cal.App.4th__ the Fourth District Court of Appeal held that an agreement between the…