Statute
CEQA
1,311 published works
Land Use Law Blog
A CEQA Issue of First Impression: Energy Conservation Impacts Analysis in EIRs
By Katherine Hart On August 27, 2009, the Court of Appeal, Third Appellate District in California issued the first ever CEQA decision on what an energy conservation impacts analysis can…
Land Use Law Blog
Appellate Court Emphasizes CEQA’s Focus on Reasonableness
By Cori Badgley In CEQA cases, the courts evaluate whether the agency proceeded in the manner required by law and whether substantial evidence supports the agencies decision. In other words,…
Land Use Law Blog
CEQA Does Not Apply to Project Disapproval, Even if the EIR is Underway
By Leslie Z. Walker According to Las Lomas Land Co., LLC v. City of Los Angeles (Sept. 17, 2009, B213637) ___ Cal.App.4th ___, the long standing rule that CEQA does…
CALIFORNIA ATTORNEY'S FEES
POOF!: Arbitration and CEQA Fee Awards Fall With Reversal of Underlying Matters
Two Appellate Courts Show That Fees May Rise and Fall With Later Dispositions. Arbitration—Burlage v. Superior Court, Case No. B211431 (2d Dist., Div. 6 Aug. 31, 2009) (certified for publication)…
Real Estate, Land Use & Environmental Law Blog
Checklist Approval Of Design Plan Conforming To Guidelines Established Under Specific Plan Constitutes A Ministerial Act Under CEQA
Health First v. March Joint Powers Authority (Tesco Stores West, Inc.), ___ Cal. App. 4th ___ (June 10, 2009, No. RIC458367) By Katharine E. Allen The California Court of Appeal…
Land Use Law Blog
California Appeals Court Says No Judicial Review of COG RHNA Allocations
By Katherine Hart In the recent case of City of Irvine v. Southern California Association of Governments, the City of Irvine ("City") sued the Southern California Association of Governments ("SCAG")…
Land Use Law Blog
CEQA Statute of Limitations Still Applies in Challenge to Coastal Development Permit
By Cori Badgley Generally, a lawsuit challenging an agency's decision or environmental review must be brought within 30, 60 or 90 days, depending on the applicable statute of limitations. Often,…
Real Estate, Land Use & Environmental Law Blog
County Outside Counsel Work Product Not Part of CEQA Record Even If Disclosed To Real Party In Interest
California Oak Foundation v. County of Tehama et al. (Del Webb California Corp. et al.), ____ Cal. App. 4th ____ (June 11, 2009, No. CI58258) By Katharine E. Allen Four…
Land Use Law Blog
Approval of Design Plan Application Deemed “Ministerial” Under CEQA
By Cori Badgley In Health First v. March Joint Powers Authority (2009) (Case No. E045541), the Court of Appeal for the Fourth Appellate District addressed the issue of whether the…
Real Estate, Land Use & Environmental Law Blog
City Not Required To Identify Specific Location For Off-Site Mitigation Under CEQA Because Standards Sufficient
California Native Plant Society v. City of Rancho Cordova, ____ Cal. App. 4th _____ (March 24, 2009, No. C057018) By Elizabeth S. Anderson The California Court of Appeal for the…