Statute
CEQA
1,312 published works
California Land Use & Development Law Report
Fees Under Private Attorney General Doctrine Denied Where CEQA Lawsuit Neither Enforced Important Rights Nor Conferred Significant Public Benefits
Attorney's fees could not be recovered in a CEQA action in which the plaintiff obtained an initial stay of the project but the applicant later had the project approvals rescinded,…
Land Use Law Blog
An EIR’s Project Description Is Not Invalid Based Upon An Argument That A Major Project Element May Not Be Constructed
Environmental Council of Sacramento v. County of Sacramento (2020) 2020 Cal.App. LEXIS 175 The County of Sacramento approved a master planned community, a feature of which was a proposed university.…
Real Estate, Land Use & Environmental Law Blog
Failure to Include A No-Build Analysis in Project Description Does Not Violate CEQA
In the belatedly-published Environmental Council of Sacramento, et al. v. County of Sacramento (Cordova Hills, LLC, et al. – Real Parties-in-Interest) (2020) ____ Cal.App.5th ____,[1] the Third District Court of…
Real Estate & Construction
Fifth Appellate District Invalidates Kern County Oil and Gas Ordinance
By Christian L. Marsh, Patrick F. Veasy, Steven H. Goldberg
On Tuesday, February 25, 2020, the Fifth Appellate District invalidated Kern County’s 2015 Oil and Gas Ordinance (the “Ordinance”), which was intended to streamline the permitting process for a variety…
CEQA Developments
Third District Affirms Judgment Rejecting CEQA Challenges To EIR For Cordova Hills Master Planned Community Project
In an opinion filed January 30, and later ordered published on March 2, 2020, the Third District Court of Appeal affirmed a judgment denying a writ petition filed by plaintiffs…
CEQA Developments
Miller Starr Regalia Sponsors, Talks CEQA At Upcoming Sixth Annual California Land Use Law & Policy Conference In Oakland
On March 30, 2020, the publishers of the California Land Use Law & Policy Reporter and sponsoring law firms (including Miller Starr Regalia) will present the Sixth Annual California Land…
California Land Use & Development Law Report
Automobile Delay May Not Be Treated As a Significant Environmental Impact
By Perkins Coie
Automobile delay (as measured solely by roadway capacity or traffic congestion) cannot constitute a significant environmental impact, even for projects that were approved before the new CEQA guidelines on transportation…
California Land Use & Development Law Report
Court Upholds San Diego Convention Center Expansion
By Julie Jones
A court of appeal has rejected Coastal Act and CEQA challenges to the Coastal Commission’s approval of expansions at the San Diego Convention Center. San Diego Navy Broadway Complex Coalition…
CEQA Developments
“ROG Won: A CEQA Wars Story” – Third District Holds Geothermal Energy Project EIR’s Rejection Of Proposed Mitigation Measures For Significant ROG Fugitive Emissions Impact Violated CEQA Where No Substantial Evidence Showed Measures’ Infeasibility
In an opinion filed November 26, and ordered published on December 23, 2019, the Third District Court of Appeal partially reversed a judgment rejecting a labor union’s CEQA challenges to the…
California Land Use & Development Law Report
Power Plant EIR Defeated By Inadequate Responses to Commenters’ Proposed Mitigation Measures
By Julie Jones
An EIR that did not squarely respond to detailed comments recommending additional mitigation measures has been held not to comply with CEQA. Covington v. Great Basin Unified Air Pollution Control…