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CEQA
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Land Use Law Blog
SAVE THE DATE!
Abbott & Kindermann’s 13th Annual Land Use, Real Estate, and Environmental Law Update Reserve your seat for one of four seminars taking place in 2014. In February 2014 Abbott &…
CEQA Developments
Supreme Court Will Review “CEQA-In-Reverse” Issue In CBIA Case Challenging 2010 BAAQMD Air Quality Guidelines
On November 26, 2013, the California Supreme Court by unanimous vote granted review of a fundamental legal issue that repeatedly has surfaced in recent years in both published appellate opinions…
Real Estate, Land Use & Environmental Law Blog
Substantial Evidence Test Applies to Decision Not to Require Additional EIR
By Ryan Lund
In Latinos Unidos de Napa v. City of Napa (1st Dist., Div. 1, 10/10/13, A134959), ___ Cal.App.4th ___, 2013, the court of appeal found no abuse of discretion in the…
Land Use Law Blog
NO NEW ENVIRONMENTAL REVIEW REQUIRED TO INCREASE HOUSING DENSITIES IN CITY’S GENERAL PLAN
By Katherine J. Hart In Latinos Unidos de Napa v. City of Napa (2013) 221 Cal.App.4th 192; 2013 Cal.App. LEXIS 893 (Latinos Unidos II), the Court of Appeals, First Appellate…
CEQA Developments
All About “Commitment”: CEQA Review is Not Triggered By Orange County’s AB 900 Application For State Funding To Expand Existing Jail Facility, Which Was Not A Project Approval
In a decision recently ordered published, the Fourth District Court of Appeal added to the growing progeny of Save Tara, and affirmed the trial court’s judgment denying the City of…
CEQA Developments
First District Rejects CEQA Challenge To City of Napa’s Reliance On Prior General Plan EIR For Housing Element Update Project
The EIR has long been the judicially-proclaimed “heart of CEQA” because it represents the culmination of the statute’s environmentally-protective purposes and objectives. Yet the legal “expiration date” for the document…
Land Use Law Blog
ADDITIONAL STAFF GENERATED PROJECT ALTERNATIVE DID NOT COMPEL RECIRCULATION OF THE DRAFT EIR NOR WERE ADDITIONAL FINDINGS OF INFEASIBILITY REQUIRED
By William W. Abbott South County Citizens for Smart Growth v. County of Nevada (October 8, 2013, C067764) ___ Cal.App.4th ___. Starting in 2005, KKP submitted an application for a…
CEQA Developments
CEQA Standing and Exhaustion Rules Applied In Action Challenging City of San Jose’s General Plan Update
The Sixth District Court of Appeal, in a published decision filed September 30, 2013, reversed a grant of summary judgment in favor of defendant City of San Jose in an…
California Land Use & Development Law Report
Court Rejects Claim That New General Plan Housing Element Requires New EIR
By Julie Jones
Affordable housing advocates have lost a claim that Napa’s new General Plan Housing Element required a new environmental impact report. Latinos Unidos de Napa v. City of Napa, No. A134959…
California Land Use & Development Law Report
Does An EIR Have To Be Certified By A City’s Decision-Making Body?
By Marc Bruner
Yes, according to a recent decision by a California court of appeal. The court held that CEQA does not allow a city council to delegate certification of an Environmental Impact…