Topic
CEQA Litigation
31 published works
CEQA Developments
Holland & Knight SCAG Update Report: CEQA Litigation Abuse Hurts Infill Housing
Following up on their 2015 report covering all CEQA lawsuits filed during the 2010-2012 period, Holland & Knight lawyers Jennifer Hernandez, David Friedman and Stephanie DeHerrera recently released a portion…
CEQA Developments
CEQA Litigation Abuses Documented By New Empirical Study Of Recent Case Filings
A 138-page report, including 371 footnotes and a 30-page appendix listing all properly documented CEQA lawsuits filed in California over its 3-year study period (2010-2012), has been posted by its…
CEQA Developments
Supreme Court’s CEQA Docket Expands With Grant of Review in Newhall Ranch Case
On July 9, 2014, the California Supreme Court granted the petition for review filed by Plaintiff/Respondent Center for Biological Diversity (CBD) in Center for Biological Diversity, et al. v. Department…
Government and Public Policy
Court Holds California Constitution Prohibits Cuts in Line on the CEQA Litigation Carousel
On June 3, 2013, a superior court judge in Alameda County entered a final order and judgment striking down AB 900 as unconstitutional and enjoined the State Controller from funding…
Real Estate, Land Use & Environmental Law Blog
No Relief Under CCP Section 473 For Missed Filing Deadline In CEQA Challenge
By Daniel Bane Alliance for the Protection of the Auburn Community Environment, et al. v. County of Placer, SCV0028200 (3rd Dist., February 18, 2013) In Alliance for the Protection of…
California Land Use & Development Law Report
City Suing School District Can Recover Attorneys’ Fees, But Loses Most CEQA Claims
By Julie Jones
Decisions by school districts and colleges to build new schools or expand existing ones frequently lead to CEQA challenges from local cities. In the most recent of these conflicts to…
Land Use Law Blog
Are 1021.5 Attorneys Fees All or Nothing?
Attorneys' fees under the private attorney general doctrine codified in Code of Civil Procedure section 1021.5 have become almost a "given" when a petitioner wins a CEQA suit. Two decisions…
Environment, Land & Resources
Recent Legislative Changes Affecting Pending and Future Projects Under CEQA
With the enactment of Senate Bill 1456 (SB 1456) and Assembly Bill 231 (AB 31) on September 29, 2010, the California Legislature has taken preliminary steps to streamline the rigorous…
Land Use Law Blog
Notice of Determination’s Thirty-Day Statute of Limitations May Not Apply to All CEQA Claims
By Katherine J. Hart This case addresses the issue of whether or not the legal effect of a notice of determination ("NOD") in establishing a 30-day statute of limitations is…
Land Use Law Blog
Be Careful What You Ask For: The Costs Might be More Than You Can Bear
By Cori Badgley In CEQA litigation, a petitioner may elect to create the administrative record or request that the respondent local agency assemble the record. When the local agency prepares…