Statute
CEQA
1,311 published works
Land Use Law Blog
Limited Discretion Related to Aesthetics did not Trigger Need for Supplemental EIR on Climate Change Impacts
The City of San Diego was not required to conduct supplemental environmental review on the issue of climate change, where the only discretionary action was limited to the aesthetics of…
Land Use Law Blog
Basin Plan Amendments Addressing Impairments for Salt, Boron and Dissolved Oxygen are Valid
Regional Board TMDLs for Salt/Boron and Dissolved Oxygen Upheld by Third Appellate District.
Land Use Law Blog
The Long Life of CEQA Mitigation Measures
By Abbott & Kindermann, Inc., William W. Abbott
By William W. Abbott The shelf life of mitigation measures may readily outlast the lives of the projects to which they are attached, according to the First Appellate District. While…
Land Use Law Blog
Put a Lid on It: EIR for Open Air Human Waste Composting Facility Held Invalid
The California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) ("CEQA") provides that the purpose of an environmental impact report ("EIR") is "to provide public agencies and the…
Land Use Law Blog
898,000 Metric Tons of Unmitigated CO2: Prime Conditions for the First Appellate Court Decision on CEQA and Climate Change
In the first ever appellate court decision regarding CEQA and climate change, the First District Court of Appeal held the future development of a plan for greenhouse gas mitigation constitutes…
Real Estate, Land Use & Environmental Law Blog
Notice Of Exemption Triggers A 35-Day Statute Of Limitations Under CEQA Despite Flaws in Underlying Approval
Stockton Citizens for Sensible Planning v. City of Stockton _____ Cal. ___ (April 1, 2010, No. S159690) By Phillip Tate On April 1, 2010, the California Supreme Court unanimously ruled…
Real Estate, Land Use & Environmental Law Blog
Vested Rights Under Prior Permits Do Not Establish CEQA Baseline
By Claudia Gutierrez Communities for a Better Environment v. South Coast Air Quality Management District et al. ___Cal.__) (March 15, 2010; Case No. S161190) In this case, the Supreme Court…
Land Use Law Blog
Regents’ CEQA Document Receives a Passing Grade; Opponent Marked Down for Inadequate Participation
Appellate court affirms range of alternatives in EIR for facility expansion as sufficient; bars additional claims for plaintiff's failure to exhaust administrative remedies.
Land Use Law Blog
No Fooling: A Facially Valid NOE Triggers a 35-Day Statute of Limitations
In the second time in two months, the California Supreme Court announced that once a Notice of Exemption ("NOE") for a project is filed, the applicable statute of limitations is…
Land Use Law Blog
Subsequent EIRs: It is Still a Matter of the Evidence in the Record
An amendment to a prior commercial center approval which permits construction of a supercenter does not, by itself, mandate the preparation of a subsequent or supplemental EIR.