Statute
CEQA
1,312 published works
California Land Use & Development Law Report
AB 52 Amends CEQA by Creating a New Category of Cultural Resources and New Requirements for Consultation with Native American Tribes
On September 25, Governor Brown signed Assembly Bill No. 52, which creates a new category of environmental resources that must be considered under the California Environmental Quality Act: "tribal cultural resources."…
Stoel Rives Environmental Law
Governor Signs Two New CEQA Bills
Governor Brown has signed two new bills amending the California Environmental Quality Act (CEQA). AB 52 establishes new consultation procedures with California Native American tribes, and provides that an adverse…
CEQA Developments
Governor Brown Is Not CEQA “Public Agency,” Holds Third District In Indian Casino Case
In a published decision filed September 24, 2014, the Third District Court of Appeal (per Justice Robie) held that CEQA’s definition of a “public agency” that is subject to its…
Land Use Law Blog
It Says It’s A “Project” EIR. You Say It Should Be A “Program” EIR. Does The Label Even Matter?
By Glen Hansen In Citizens for a Sustainable Treasure Island v. City and County of San Francisco (2014) 227 Cal.App.4th 1036, the Court of Appeal for the First Appellate District…
Land Use Law Blog
An Appeal To The City Council Fails To Wash Away All CEQA Sins. Consideration Of Historical Resources In A Negative Declaration Falls Under The Substantial Evidence Test, Not The Fair Argument Test.
By William W. Abbott The courts have been clear: the decisionmaking body has to consider the CEQA document before taking action to granting a discretionary approval. A recent court decision…
CEQA Developments
CEQA Administrative Record Preparation Costs – Who Pays and When? First District Provides Guidance In Coalition For Adequate Review v. City and County of San Francisco
In a published decision filed September 15, 2014, the First District Court of Appeal reversed and remanded a trial court’s post-judgment order granting an unsuccessful CEQA petitioner’s motion to tax…
Land Use Law Blog
Appellate Court Clarifies Costs Recovery Rules In CEQA Litigation
By Katherine J. Hart In Coalition for Adequate Review v. City and County of San Francisco (September 15, 2014, A135512) ___Cal.App.4th ___, the Court of Appeal, First Appellate District, reversed…
California Land Use & Development Law Report
Compliance With FAA Regulations Provides Adequate CEQA Mitigation For Aviation Safety Impacts
By Laura Zagar
Reliance on compliance with FAA regulations as a mitigation measure to reduce impacts to air safety to less than significant levels is appropriate under CEQA, according to the Court of…
CEQA Developments
Tentative Map Approval Is CEQA “Project”, Holds Third District In Published Opinion Also Addressing Prejudicial Error, Agency Discretion To Adopt Thresholds Of Significance, Deferred Mitigation, And Other Significant CEQA Issues
In a lengthy published decision filed September 9, 2014, the Third District Court of Appeal affirmed in part and reversed in part the trial court’s judgment denying a writ petition challenging…
Real Estate & Construction
City Violated its Municipal Code by Delegating CEQA Approval to its Preservation Commission
In Citizens for the Restoration of L Street v. City of Fresno, 2014 Cal. App. LEXIS 786,the Fifth Appellate District affirmed a judgment granting a writ of mandate challenging the…