Statute
CEQA
1,312 published works
CEQA Developments
First District Holds U.C. Berkeley Campus’s Decision To Increase Student Enrollment Above Maximum Projected Level Analyzed In EIR for Long Range Development Plan Is A “Project” Under CEQA And Not Exempt Under Public Resources Code § 21089.09
In a partially published opinion filed June 25, 2020, the First District Court of Appeal (Division 5) reversed the trial court’s judgment entered after sustaining a demurrer without leave to…
California Land Use & Development Law Report
University Campus Was Not an Illusory Element of Project Under CEQA
The court of appeal found the EIR for a master planned community sufficient because it adequately described and analyzed impacts of the proposed project, which included a university, and was…
California Land Use & Development Law Report
Agency Actions to Implement a Previously-Approved Project Are Not Subsequent Discretionary Approvals Requiring Supplemental Environmental Review
By Perkins Coie
After a public agency approves a project, the agency’s actions to implement the project—in this case, applying for and accepting a streambed alteration agreement from the California Department of Fish…
Unfamiliar Terrain
Land Use Litigation Statute of Limitations Tolling Period to End on August 3, 2020
On May 29, 2020, the Judicial Council of California amended Rule No. 9 of its COVID-19 emergency regulations to add certainty and to shorten the tolling period for civil causes…
CEQA Developments
Sixth District Holds City Of San Jose’s Action In Seeking And Accepting Streambed Alteration Agreement From California Department Of Fish And Wildlife Is Not New Discretionary Approval For City’s Historic Trestle Demolition/Bridge Construction Project, And Thus Does Not Trigger Subsequent CEQA Review
In a published opinion filed May 18, 2020, the Sixth District Court of Appeal affirmed the trial court’s denial of a historic preservation group’s writ petition that challenged the City…
California Land Use & Development Law Report
Misrepresentations Can Bar Agency’s Reliance on CEQA Statute of Limitations
By Perkins Coie
An agency could be equitably estopped from relying on the 35-day statute of limitations applicable to a CEQA Notice of Exemption where the agency had misled the public into expecting…
California Land Use & Development Law Report
Governor Allows Electronic Noticing Under CEQA and Suspends Tribal Consultation Requirements
By Perkins Coie
California Governor Gavin Newsom issued an executive order on April 22 suspending for 60 days (1) the filing, posting, notice, and public access requirements related to certain notices under the…
Real Estate, Land Use & Environmental Law Blog
Digital CEQA: New Executive Order Creates An Alternative Path For Complying With CEQA Notice, Posting And Public Review Requirements
By Jeffrey Forrest, Kelsey Clayton
On April 23, 2020, California Governor Gavin Newsom issued Executive Order N-54-20 (EO) which, in part, addresses an outstanding question related to the California Environmental Quality Act’s (CEQA) “public review”…
Environmental and Climate
To VMT or not to VMT? Third District Says Level of Service No Longer Valid to Measure Traffic Impacts, But Use of Vehicle Miles Traveled is Not Yet Required
By Kathryn L. Oehlschlager, Brenda C. Bass
The Third District Court of Appeals recently weighed in on the interpretation of Public Resources Code section 21099(b)(2) (“Section 21099(b)(2)”) and newly enacted CEQA Guidelines section 15064.3, which govern the…
California Land Use & Development Law Report
Untimely CEQA Suit Barred Regardless of Substantive Merits
The court of appeal held that CEQA claims filed more than 30 days after the City filed a facially valid Notice of Determination were barred by the statute of limitations…