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CEQA

1,312 published works

  1. Environmental and Climate

    COURT OF APPEAL EXTENDS CEQA HOLDING ON RECORD PREPARATION LABOR COSTS TO OTHER ADMINISTRATIVE RECORD CASES

    By Thomas Law Group

    After successfully defending a challenge to a resolution granting nonconforming use status to a mining operation in Santa Clara County, Respondent’s attorney filed a motion to recover costs associated with…

  2. Administrative and Regulatory

    Appellate Court Rejects Urban Decay Claim Based on Lay Witness Opinion, Upholds Mitigated Negative Declaration

    By Donald E. Sobelman

    When cities and counties conduct CEQA review of a large-scale commercial development project including a major national chain like Wal-Mart or Costco, a common objection is that the project will…

  3. California Land Use & Development Law Report

    General Plan Sustainability Requirements Doom Wal-Mart Project

    By Julie Jones

    Finding a variety of legal errors, including failure to comply with a city policy requiring on-site electricity generation “to the maximum extent feasible,” a court of appeal has overturned the…

  4. Land Use Law Blog

    Fifth Appellate District Defers To Municipality When Reviewing Findings Of General Plan Consistency

    By Abbott & Kindermann, Inc.

    Naraghi Lakes Neighborhood Preservation v. City of Modesto (June 7, 2016, F071768) ___ Cal.App.4th ___. By William W. Abbott Why Words Matter In Your General Plan: Resolving Issues Of Horizontal…

  5. CEQA Developments

    Discovery Rule Does Not Postpone Accrual of CEQA Cause of Action; Events Specified In CEQA Statute of Limitations Provide Constructive Notice of Project Approval or Commencement

    By Arthur F. Coon

    In a short but significant published opinion filed July 19, 2016, the First District Court of Appeal affirmed the San Francisco County Superior Court’s judgment of dismissal following the sustaining…

  6. California Land Use & Development Law Report

    Public/Private Partnerships: New Guidance on Designating the CEQA Lead Agency

    By Lindsey Quock

    With public/private partnerships becoming more common, a California appellate court has outlined – with a new test – how to determine the CEQA lead agency for a project in which…

  7. Land Use Developments

    Unsubstantiated Challenges to an Agency’s Conditional Use Permit Findings Will Not Fly

    By Bryan W. Wenter, AICP

    Developing real property in California is notoriously difficult. Given minimal standing requirements, project opponents can and do tie up and delay new development for the mere cost of a filing…

  8. CEQA Developments

    Fourth District Holds Non-Expert Opinion Fails To Support “Fair Argument” Under CEQA That Approval of Non-Regional Retail Store In Joshua Tree Would Cause Urban Decay

    By Arthur F. Coon

    In an opinion filed June 15, and ordered partially published on July 13, 2016, the Fourth District Court of Appeal reversed the trial court’s judgment requiring the County of San Bernardino to…

  9. Land Use Developments

    Court Rejects General Plan Consistency Challenge Regarding City’s Approval of Franchise Retail Store Where Applicable Economic Development Goals and Policies are Alleged to Favor Small, Independent Businesses

    By Bryan W. Wenter, AICP

    Numerous California communities regulate broad economic development objectives through general plan goals and policies intended to encourage and support small businesses or to ensure the compatibility of new commercial development…

  10. CEQA Developments

    CEQA Remedies Statute Does Not Authorize Appellate Court To Issue Writ And Supervise Compliance On Direct Appeal, Holds Second District In Partially Published Decision On Remand In Newhall Ranch Case

    By Arthur F. Coon

    In the published part of a partially published opinion filed July 11, 2016, the Second Appellate District Court of Appeal held that Public Resources Code § 21168.9 does not authorize an appellate…