Statute
CEQA
1,312 published works
California Land Use & Development Law Report
Pre-Approval Disclosures Between Agency and Applicant Waive Privileges In CEQA Cases.
By Marie Cooper
The Fifth Appellate District has issued another in a series of decisions regarding administrative records in CEQA cases. The court held that the “common interest doctrine” does not protect otherwise…
CEQA Developments
CARB Violated CEQA In Adopting GHG Regulations, But Fifth District Holds Regulations May Remain Operative Pending Compliance
In a mostly-published 95-page opinion filed July 15, 2013, the Fifth District Court of Appeal reversed a trial court’s judgment and directed issuance of a writ of mandate setting aside Resolution…
Administrative and Regulatory
Court Finds the Mutual Desire to Comply with CEQA does not Create a Common Interest Between Lead Agencies and Developers
In Citizens for Ceres v. Superior Court of Stanislaus County, petitioners sought writ relief from the trial court’s order excluding hundreds of documents from the administrative record based upon the…
Environmental and Climate
Actions by a City, Including Granting of a Loan, Did Not Commit the City to a Project prior to Approval in Violation of Save Tara
In Neighbors for Fair Planning v. City and County of San Francisco, 2013 Cal. App. LEXIS 506, the Court of Appeal, First District, affirmed a trial court’s decision denying a…
Administrative and Regulatory
Court Rejects CEQA and Williamson Act Challenges to a San Benito Solar Power Project
In Save Panoche Valley v. San Benito County, the Court of Appeal for the Sixth Appellate District affirmed a ruling denying a petition for a writ of mandate alleging violations…
CEQA Developments
Navigating Between CEQA’s Scylla and Charybdis: First District Applies Save Tara Analysis and Rejects Claims of Improper Project “Preapproval” in Neighbors For Fair Planning v. City and County of San Francisco
One of the most vexing issues arising under CEQA, particularly in cases of projects involving public-private partnerships or projects requiring public agency financial assistance, is the question of when project…
Land Use Law Blog
2013 CEQA 2ND QUARTER REVIEW
Welcome to Abbott & Kindermann’s 2013 CEQA update. It is cumulative for the year, with the newest cases issued in the 2nd quarter shown in italics and bold type face.…
Real Estate, Land Use & Environmental Law Blog
Farming Solar Rays: County Decision to Approve Industrial-Scale Solar on Williamson Act Lands OK’d
In Save Panoche Valley et al. v. San Benito County, the Sixth District Court of Appeal held that San Benito County had not violated the Williamson Act or the California…
Stoel Rives Environmental Law
California Appellate Court Issues Significant Opinion Regarding CEQA Administrative Records and the Common Interest Doctrine
In Citizens for Ceres v. The Superior Court of Stanislaus County, City of Ceres, et al., (filed and published in part by the Fifth Appellate District on July 8, 2013), the…
CEQA Developments
No Common Interest In CEQA Compliance Prior To Project Approval, Holds Fifth District In City of Ceres Decision That Conflicts With Third District’s California Oak Decision And Common Practice
In a partially-published appellate writ decision filed July 8, 2013, the Fifth District Court of Appeal held that while CEQA’s administrative record statute (Pub. Resources Code, § 21167.6) does not impliedly…