In a published opinion filed March 27, 2025, the Fourth District Court of Appeal (Div. 1) reversed the trial court’s judgment denying a writ petition, and held that two screening thresholds of significance for vehicle miles...more
In a published opinion filed March 14, 2025, the First District Court of Appeal (Div. 2) reversed the trial court’s judgment upholding a Mitigated Negative Declaration (MND) for a four-story, 75-room hotel/meeting...more
The “California Assembly Select Committee on Permitting Reform Final Report – March 2025” (the “Report”), published earlier this month, sounds an alarm bell regarding the need to overhaul the state’s “failed approach to...more
On February 20, 2025, Senator Scott Wiener introduced Senate Bill No. 607 (SB 607), a proposed law that is relatively short in text length, but which would engender major CEQA reforms if enacted as currently drafted. The...more
3/6/2025
/ Administrative Record ,
Affordable Housing ,
California ,
CEQA ,
Environmental Impact Report (EIR) ,
Housing Developers ,
Infill Development ,
Real Estate Development ,
Regulatory Reform ,
State and Local Government ,
Urban Planning & Development ,
Zoning Laws
On February 13, 2025, the Second District Court of Appeal (Div. 7) filed its 71-page published opinion affirming the trial court’s judgment rejecting CEQA safety hazard and cumulative impacts analysis challenges – as well as...more
2/21/2025
/ Administrative Procedure Act ,
Air Quality Standards ,
Appeals ,
California ,
CARB ,
CEQA ,
Climate Change ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Ports ,
Shipping Cargo ,
Standard of Review ,
Vessels
On January 27, 2025, Governor Gavin Newsom issued Executive Order N-14-25 (the “EO”) pursuant to his statutory powers to suspend regulatory statutes during a state of emergency that would impede mitigation of the effects of...more
2/6/2025
/ Affordable Housing ,
California ,
CEQA ,
Coastal Real Estate ,
Environmental Policies ,
Executive Orders ,
Real Estate Development ,
Regulatory Requirements ,
Urban Planning & Development ,
Wildfires ,
Zoning Laws
On January 12, 2025, Governor Gavin Newsom issued Executive Order N-4-25 (the “EO”) pursuant to Government Code section 8571, which authorizes the Governor to suspend regulatory statutes during a state of emergency upon...more
On November 22, 2024, the First District Court of Appeal’s (Div. 4) partially-published opinion in People of the State of California ex rel. Bonta v. County of Lake (Lotusland Investment Holdings, Inc., et al. Real Parties in...more
12/18/2024
/ California ,
CEQA ,
Construction Project ,
Environmental Impact Report (EIR) ,
Greenhouse Gas Emissions ,
Mixed-Use Zoning ,
Real Estate Development ,
Standard of Review ,
Urban Planning & Development ,
Water Supplies ,
Wildfires
In an important opinion filed October 21, and later ordered published on November 18, 2024 (at the request of the California State Association of Counties and the Rural County Representatives of California), the Sixth...more
In a partially published opinion filed October 31, 2024, the Second District Court of Appeal (Div. 1) held, in light of AB 1307 and the Supreme Court’s decision in Make UC a Good Neighbor v. Regents of University of...more
11/22/2024
/ Affordable Housing ,
California ,
CEQA ,
Construction Project ,
Environmental Impact Report (EIR) ,
Exemptions ,
Housing Developers ,
Mootness ,
Real Estate Development ,
Redevelopment ,
Standard of Review
“It’s like déjà vu all over again.” Yogi Berra - In a (mostly) published opinion filed October 24, 2024, the Second District Court of Appeal (Div. 2) affirmed the trial court’s judgment denying a writ petition in a CEQA...more
In a published opinion filed October 21, 2024, the Second District Court of Appeal (Div. 7) reversed a judgment entered after the trial court granted without leave a real party developer’s motion for judgment on the...more
11/1/2024
/ California ,
CEQA ,
Conditional Use Permit ,
Construction Project ,
Environmental Impact Report (EIR) ,
Real Estate Development ,
Statute of Limitations ,
Subdivision ,
Subdivision Map Act ,
Urban Planning & Development ,
Zoning Laws
Lawyers, like all humans, experience the full gamut of life’s difficulties. Sometimes those intrude into the practice of law itself, up to and including CEQA litigation. On September 26, 2024, the First District Court of...more
“Do not go gentle into that good night. Rage, rage against the dying of the light.” – Dylan Thomas. In a published decision filed October 7, 2024, the Third District Court of Appeal affirmed the trial court’s judgment...more
On October 7, 2024, the First District Court of Appeal (Div. 5) issued a 6-page “Order Denying Respondent’s Petition for Rehearing and Modifying Opinion [No Change in Judgment]” (the “Order”) in Sunflower Alliance v....more
In a terse opinion filed September 13, and modified and ordered partially published on October 3, 2024, the Third District Court of Appeal upheld an award of reasonable record preparation cots to prevailing lead agency County...more
In an opinion filed August 27 and later ordered published on September 24, 2024, the Fifth District Court of Appeal affirmed a judgment denying a writ petition that challenged the State Air Resources Board’s (CARB) adoption...more
In an opinion filed August 15, and modified and certified for publication on September 13, 2024, the Fourth District Court of Appeal (Div. 2) resolved cross-appeals from a judgment granting a limited writ by reversing with...more
In a published decision filed September 6, 2024, the First District Court of Appeal (Div. 5) reversed the trial court’s judgment granting a writ of mandate and upheld the use of CEQA’s Class 1 categorical exemption (CEQA...more
In an opinion filed on July 24, and later ordered published on August 19, 2024, the Second District Court of Appeal (Div. 4) affirmed the trial court’s judgment denying a writ petition challenging actions taken by the Los...more
The Sixth District Court of Appeal filed on July 24, and later certified for publication on August 6, 2024, its opinion in Center for Biological Diversity et al. v. County of San Benito, et al. (2024) __ Cal.App.5th __. The...more
In an opinion filed June 27, and later ordered published (with slight modifications) on July 18, 2024, the First District Court of Appeal affirmed the trial court’s judgment denying a writ petition challenging the City of...more
California Senate Bill No. 174 (SB 174), a budget trailer bill that was passed by the Assembly with amendments on June 26, received Senate concurrence on the amendments the same day, and was enrolled and presented to the...more
“It ain’t over ‘til it’s over.” Yogi Berra and Lenny Kravitz - In a unanimous opinion filed on June 6, 2024, the California Supreme Court reversed the judgment of the First District Court of Appeal in the controversial...more
6/11/2024
/ Affordable Housing ,
CA Supreme Court ,
CEQA ,
Colleges ,
Environmental Impact Report (EIR) ,
Excessive Noise ,
Housing Developers ,
Land Developers ,
Mootness ,
Real Estate Development ,
Universities
In an opinion filed April 18, and belatedly ordered published on May 15, 2024, the Third District Court of Appeal reversed the trial court’s order discharging the peremptory writ of mandate that was issued following the Court...more