Topic
CEQA Litigation
31 published works
California Land Use & Development Law Report
After 27 Years, Litigation Over the Monterey Agreement Comes to an End
Over a quarter century of CEQA litigation over the validity of an agreement between the Department of Water Resources and State Water Project contractors finally came to an end with…
Government and Public Policy
Real Parties in Interest Are Not Automatically Indispensable Parties to CEQA Litigation
In Save Berkeley’s Neighborhoods v. The Regents of the University of California, Case No. A160560, the Court of Appeal held that under the California Environmental Quality Act (“CEQA”) and related…
CEQA Developments
“Let’s Not Complicate Things”: Second District Holds Trial Court Properly Exercised Its Discretion In Denying Union’s Permissive Intervention Motion In Complex Los Angeles Port CEQA Litigation
In a published opinion filed November 4, 2021, the Second Appellate District (Div. 8) affirmed the Los Angeles County Superior Court’s order denying International Longshore and Warehouse Union Locals 13,…
California Land Use & Development Law Report
Developer Established a Prima Facie Case That Project Opponents Lacked Probable Cause and Acted with Malice in Pursuing CEQA Litigation
A developer established a probability of prevailing on its claims for malicious prosecution where the evidence showed that the neighboring owner lacked probable cause for pursuing CEQA litigation and acted…
Breaking Ground
SB 7 Creates Expedited CEQA Litigation Schedule for Qualifying Projects
By Publisher
Jennifer L. Hernandez, Ryan Michael Leaderman, Daniel R. Golub
Unfamiliar Terrain
SB 7 Breathes New Life into CEQA Streamlining Process
By Megan Jennings, Dana Kennedy
AB 900, a law that provided for speedy resolution of California Environmental Quality Act (CEQA) litigation, was allowed to “sunset” at the end of the 2020 legislative session, without an…
CEQA Developments
Is More Litigation the Remedy for Meritless CEQA Litigation? Fourth District Concludes Malicious Prosecution Action Against Losing CEQA Plaintiffs Survives Anti-SLAPP Motion
In an opinion filed April 23, and later certified for publication on May 13, 2021, the Fourth District Court of Appeal affirmed in part an order denying an anti-SLAPP (Strategic Lawsuit Against…
Environment, Land & Resources
CEQA Case Report: 2020 Year in Review
Public agencies prevailed in 68% of CEQA cases analyzed. By James L. Arnone, Daniel P. Brunton, Nikki Buffa, Marc T. Campopiano, and Winston P. Stromberg Latham & Watkins is pleased…
California Land Use & Development Law Report
Fees Under Private Attorney General Doctrine Denied Where CEQA Lawsuit Neither Enforced Important Rights Nor Conferred Significant Public Benefits
Attorney's fees could not be recovered in a CEQA action in which the plaintiff obtained an initial stay of the project but the applicant later had the project approvals rescinded,…
CEQA Developments
Fifth District Grants Rehearing, Vacates Prior Published Opinion, and Issues Slightly Modified Published Opinion in POET II CEQA Litigation
On May 2, 2017, the Fifth District Court of Appeal vacated its earlier order and writ, and on May 5 it granted Respondents’ request for rehearing in the CEQA litigation…