Statute
CEQA
1,312 published works
California Land Use & Development Law Report
CEQA Lawsuit Fails to Slow High-Speed Rail
By Alan Murphy
Several parties, including the San Francisco Peninsula communities of Atherton, Menlo Park, and Palo Alto, challenged the California High-Speed Rail Authority’s decision on where to route trains travelling between the…
Administrative and Regulatory
Supreme Court Holds that Voter Initiatives with Potential Environmental Impacts Need Not Comply with CEQA Mandates
In Tuolumne Jobs & Small Business Alliance v. Superior Court of Tuolumne County, (August 7, 2014, S207173) __ Cal.4th __, the Supreme Court reversed the appellate court’s issuance of a…
CEQA Developments
Kern County’s CEQA Mitigation Measure For Wind Farm Project Relying On FAA Review and Determination of Aviation Safety Impacts Is Legally Feasible, Holds Fifth District
Alleged land use conflicts between newly proposed land uses and existing nearby airports are nothing new, and can produce heated CEQA battles as project opponents often raise “life safety” issues…
CEQA Developments
Estopping the “Revolving Door” CEQA/Land Use Plaintiff: Roberson v. City of Rialto Holds Different Plaintiffs Litigating To Vindicate Same Public Interests Are Still In Privity6
In a decision ordered published on June 17, 2014, nearly a month after it was originally filed, the Fourth District Court of Appeal addressed a key element of the related…
Real Estate & Construction
Court Publishes Portion of a Decision Upholding the Adequacy of a Wind Farm EIR
On July 25, 2014, the Court of Appeal for the Fifth District granted a request to publish a portion of the recent case Citizens Opposing a Dangerous Environment v. County…
Administrative and Regulatory
Court Upholds Discussion of Project Objectives and Alternatives in an EIR for an Infill Project in San Diego
In an unpublished decision in Save Our Heritage Organisation v. County of San Diego, (2014) Cal. App. Unpub. LEXIS 5121, the Court of Appeal for the Fourth District reversed the…
CEQA Developments
Of High Speed Rails and Litigation Snails: The Train Rolls On As Third District Rejects Additional CEQA Challenges To High-Speed Rail Authority’s Revised Final Program EIR Analyzing Central Valley To San Francisco Bay Area Track Route
While CEQA actions are statutorily designed as special proceedings with priority over other civil actions, and thus mandated to be heard and resolved expeditiously, when complex or controversial projects with…
California Land Use & Development Law Report
No Treasure for Challenger on Appeal: Treasure Island EIR Upheld
By Alan Murphy
Three years after the San Francisco Board of Supervisors unanimously approved a major redevelopment project on Treasure Island and Yerba Buena Island, an appellate court affirmed a lower court judgment…
California Land Use & Development Law Report
Airport Challenge Does Not Fly: Court Upholds Use of Addendum for Changes to San Jose Airport Master Plan
By Laura Zagar
The City of San Jose’s use of an addendum for recent modifications to the San Jose Airport’s Master Plan has been upheld by the court of appeal. Citizens Against Airport…
Real Estate, Land Use & Environmental Law Blog
Collateral Estoppel Bars Copy-Cat Environmental Plaintiff in New Case After Judgment
Roberson v. City of Rialto (4th Dist., Div. 2, 5/21/2014, E058187) The Fourth District Court of Appeal affirmed a judgment denying a petition for writ of mandate to invalidate project approvals…