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CEQA
1,312 published works
Environmental and Climate
FOURTH APPELLATE DISTRICT REJECTS CHALLENGE TO MITIGATED NEGATIVE DECLARATION FOR A RESIDENTIAL DEVELOPMENT PROJECT
In an unpublished decision, Save Desert Rose v. City of Encinitas, 2015 Cal. App. Unpub. LEXIS 7685, the Fourth Appellate District reversed the judgment of the trial court and held…
CEQA Developments
Satisfying State Compensatory Mitigation Requirements Under CEQA On Federal Conservation Lands: CDFW And BLM Agree To Cooperate To Make It Happen
On October 2, 2015, the Bureau of Land Management (“BLM”) and the California Department of Fish and Wildlife (“CDFW”) entered into a 12-page “agree[ment] to work with each other to…
Environmental and Climate
NEW GUIDANCE ON BASELINES WHEN PROJECT IS REUSING OR REPLACING AN EXISTING BUILDING
On October 9, 2015, the Court of Appeal partially published the Fourth Appellate District’s opinion in North County Advocates v. City of Carlsbad (2015) 2015 Cal.App.LEXIS 891 (North County). The…
Administrative and Regulatory
SIXTH APPELLATE DISTRICT FINDS THAT CITY OF SANTA CRUZ FAILED TO DEMONSTRATE SUBSTANTIAL EVIDENCE SUPPORTING THE APPLICATION OF CLASS 7 AND CLASS 8 CATEGORICAL EXEMPTIONS
In Save Our Big Trees v. City of Santa Cruz, 2015 Cal. App. LEXIS 942, the Sixth Appellate District held that the City of Santa Cruz (City) failed to carry…
Land Use Law Blog
Proactive Land Use Entitlement Strategies For Raw Land And Updates To Existing Entitlements Class – Registration Still Open!
Join William Abbott of Abbott & Kindermann, LLP in a class which ties together best practices for land development projects. This is an advanced class aimed primarily at project managers,…
California Land Use & Development Law Report
Historical Level Of Use May Serve As CEQA Baseline For Replacement Of Vacant Building
The California Court of Appeal’s Fourth Appellate District’s recent decision, North County Advocates v. City of Carlsbad is a potentially major decision on the issue of using historical levels of…
Real Estate & Construction
Two Wins for the Railyards Development in Third District Court of Appeal
This month, the Third District Court of Appeal issued two unpublished opinions on pending CEQA suits challenging the Railyards development in Sacramento. Both opinions affirm the decisions of the trial…
California Land Use & Development Law Report
Losing Plaintiff Cannot Recover Legal Fees
By Alan Murphy
Commenting that “we have not found a threat of victory in this record,” the court of appeal ruled against a citizens’ group that brought a motion for attorneys’ fees after…
Land Use Law Blog
2015 CEQA 3rd QUARTER REVIEW
By William W. Abbott, Diane G. Kindermann, Glen Hansen, Brian Russell and Dan Cucchi Welcome to Abbott & Kindermann’s 2015 3rd Quarter CEQA update. This summary provides links to more…
CEQA Developments
Proposed CEQA Guidelines Amendments: A Critique of OPR’s “Preliminary Discussion Draft” (Part II – Proposed “Substance” and Major “Technical Improvements”)
On September 18, 2015, I posted a “Part I” piece on the “efficiency improvements” category of OPR’s Preliminary Discussion Draft of its “Proposed Updates to the CEQA Guidelines” (the “Discussion…