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CEQA
1,308 published works
Real Estate, Land Use & Environmental Law Blog
CEQA 2023 Legislative Update
The 2023 legislative cycle saw another mixed-bag of legislation dealing with CEQA “reform,” with a particular focus on streamlining affordable housing development.[1] While many bills died during the process, a…
CEQA Developments
Third District Rejects CEQA and Other Challenges to Department of Water Resources’ EIR for Amendments Extending Long-Term State Water Project Supply Contracts Through 2085
In a 51-page published opinion filed January 5, 2024, and resolving consolidated appeals, the Third District Court of Appeal rejected baseline, piecemealing/segmentation, impact analysis, project description, alternatives analysis, and failure-to-recirculate…
Land Use Law Blog
First District Holds Neighbor is Not Eligible for Anti-SLAAP Relief Because His Conduct, Though Central to the Dispute, Did Not Form Basis For Writ of Mandate Petition
By Abbott & Kindermann, Inc., William W. Abbott, Diane G. Kindermann
First District Holds Neighbor is Not Eligible for Anti-SLAAP Relief Because His Conduct, Though Central to the Dispute, Did Not Form Basis For Writ of Mandate Petition
Government and Public Policy
County Ordinance Creating Wildlife Migration Corridor Found in Compliance with CEQA and the Surface Mining and Reclamation Act
By Megan V. Unger, Andrew M. Skanchy
In California Construction and Industrial Materials Association v. County of Ventura (2023) 97 Cal.App.5th 1, the California Construction and Industrial Materials Association and the Ventura County Coalition of Labor, Agriculture…
Land Use Law Blog
EIR For Fuel Reduction Plan Allowing For Future Adaptive Management Strategies To Be Finalized In the Field Contained Sufficient Project Description and Level of Detail, Court Holds
By Abbott & Kindermann, Inc., William W. Abbott
The Claremont Canyon Conservancy v. Regents of the University of California (2023) 92 Cal.App.5th 474. The Regents certified an EIR for a project aimed at reducing wildfire risk at UC…
Administrative and Regulatory
Fourth District Clarifies the Standard of Review for Application of Historical Resources Exemption Under CEQA
By Hina Gupta, Andrew M. Skanchy
The Fourth District Court of Appeal in Historic Architecture Alliance v. City of Laguna Beach (2023) 96 Cal.App.5th 186, found that the City of Laguna Beach’s (“City”) findings for the use…
Land Use Law Blog
CEQA Requires That An Infill Project Be Consistent With All Applicable General Plan Goals And Policies, A Less Flexible Application Of The Consistency Doctrine
By Abbott & Kindermann, Inc., William W. Abbott
(United Neighborhoods for Los Angeles v. City of Los Angeles (2023) 93 Cal.App.5th 1074) CEQA’s infill exemption (Guidelines section 15332) is a very useful tool in the toolbox for streamlining…
Administrative and Regulatory
Sixth District Says City’s Specific Plan EIR Need Not Analyze Speculative Alternative Scenario Conjured by Project Opponents
By Hina Gupta, Kathryn L. Oehlschlager
The Sixth District Court of Appeal, in Santa Rita Union School District v. City of Salinas (2023), 94 Cal.App.5th 298, reversed the lower court, finding that the City of Salinas’…
CEQA Developments
First District Denies Rehearing and Publication Requests, Slightly Modifies Opinion With No Change in Judgment in CEQA Case Upholding U.C. Regents’ EIR for Parnassus Heights Campus Long-Range Development Plan; Petitions For Review Filed
On October 20, 223, the First District Court of Appeal (Div. 3) filed an “Order Modifying Opinion; and Denying Petitions for Rehearing and Publication [No Change in Judgment]” in Yerba…
Land Use Law Blog
An Agency’s Failure to Follow CEQA is Not a Defense to an Enforcement Action to Remove Encroachments
By William W. Abbott, Abbott & Kindermann, Inc.
(Anderson v. County of Santa Barbara (2023) 94 Cal.App.5th 554.) It is not unusual in the non-urban parts of California for a property owner to install landscaping within a county…