Statute
CEQA
1,312 published works
California Land Use & Development Law Report
EIR’s Energy Impacts Analysis Fails To Satisfy CEQA’s Requirements
Background In Ukiah Citizens for Safety First v. City of Ukiah, 248 Cal.App.4th 256 (2016) the First District Court of Appeal concluded that the City of Ukiah’s EIR for a…
Environmental and Climate
The Rose Foundation Releases Report on CEQA Economic Impact
CEQA has been in effect since 1970, when it was signed into law by Governor Ronald Regan. Over the past 46 years, there have been many debates about the effect…
CEQA Developments
“CEQA-In-Reverse” Case on Remand: First District Holds BAAQMD’s 2010 Air Pollutant Thresholds Not Facially Invalid, But Can’t Be Used For Primarily Intended Purpose
In a published decision filed August 12, 2016, following remand from the California Supreme Court after its landmark “CEQA-in-reverse” decision, the First District Court of Appeal reversed the trial court’s…
California Land Use & Development Law Report
Failure to Discover An Agency’s Approval Of An Exempt Project Does Not Extend The Time To File CEQA Lawsuit
The First District Court of Appeal has ruled that the accrual of a claim that a public agency exemption determination violated CEQA is not postponed by the plaintiff’s failure to…
Land Use Law Blog
GENERAL PLAN CONSISTENCY ANALYSIS IS INSUFFICIENT TO ESTABLISH PROJECT CONFORMITY WITH A “FUNDAMENTAL” GENERAL PLAN IMPLEMENTATION ACTION
Spring Valley Lake Assn. v. City of Victorville (2016) 248 Cal. App. 4th 91 By William W. Abbott The Tamarisk shopping center project in Victorville consists of 214,596 square feet…
Environmental and Climate
IN UNPUBLISHED OPINION, COURT OF APPEAL UPHOLDS CEQA REVIEW FOR FRESNO’S FULTON MALL PROJECT
The City of Fresno’s Fulton Street lies in the heart of its downtown and was once a bustling commerce center lined with numerous retailers. Suburbanization drew those retailers to the…
CEQA Developments
Sixth District Holds CEQA’s “Fair Argument” Test Inapplicable To City Of San Jose’s Discretionary Determination That 1922 Wooden Railroad Trestle Is Not Historical Resource
A project that may cause a substantial adverse change in the significance of a “historical resource” may, for that reason, have a significant effect on the environment for purposes of…
Stoel Rives Environmental Law
When Will They Ever Learn? CBD Files Another Questionable Lawsuit Against DOGGR
By Mike Mills
On August 3, 2016, the Center for Biological Diversity (“CBD”) filed suit against the California Division of Oil, Gas, and Geothermal Resources (“DOGGR”) and the State Water Resources Control Board…
Land Use Law Blog
2016 CEQA 2nd QUARTER REVIEW
By William W. Abbott, Diane Kindermann, Glen Hansen, Brian Russell and Dan Cucchi Welcome to Abbott & Kindermann’s 2016 2nd Quarter CEQA update. This summary provides links to more in…
CEQA Developments
First District Rejects CEQA Challenge To “Plan Bay Area” Sustainable Communities Strategy EIR As Premised On Fundamental Misinterpretation of SB 375
In a 58-page published opinion filed June 30, 2016, the First District Court of Appeal affirmed the Alameda County Superior Court’s judgment upholding the Metropolitan Transportation Commission’s (MTC) and Association…