The California Building Industry Association has filed a petition for certiorari in the United States Supreme Court seeking review of the California Supreme Court’s recent decision in California Building Industry Association...more
In a major victory for beekeepers, the U.S. Court of Appeals for the Ninth Circuit has vacated the EPA’s approval of the pesticide sulfoxaflor, concluding that the approval was based on “flawed and limited data” regarding...more
The California Supreme Court has announced that the oral argument in California Building Industry Association v. Bay Area Air Quality Management District will take place on October 7, 2015, in San Francisco. The CBIA case...more
The Fourth District Court of Appeal has upheld an order requiring refund of over $10 million in accumulated development impact fees because the City’s findings “were mere conclusions, not the specific findings required under...more
A California appellate court has ruled that inadvertent disclosure of documents containing attorney-client communications in response to a Public Records Act request does not result in a waiver of the privilege. Newark...more
This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more
8/13/2015
/ Agricultural Land ,
Airports ,
AT&T ,
Berkeley Hillside v City of Berkeley ,
CA Supreme Court ,
Caltrans ,
Cell Phones ,
Cell Towers ,
Central Valley ,
CEQA ,
Clean Water Act ,
Delta Smelt ,
Elder Care ,
Endangered Species ,
Environmental Impact Report (EIR) ,
Establishment Clause ,
Federal Aviation Administration (FAA) ,
Fiber Optic Cables ,
First Amendment ,
Fishing Industry ,
General Plan ,
Greenhouse Gas Emissions ,
High-Speed Rail ,
Historic Preservation ,
Indian Gaming Regulation Act ,
Municipalities ,
Nonconforming Use ,
Plastic Bag Bans ,
Sacramento Kings ,
San Francisco ,
SCOTUS ,
Smartphones ,
Subdivision Map Act ,
T-Mobile ,
T-Mobile South v City of Roswell ,
Takings Clause ,
Tribal Lands ,
Vesting ,
Wal-Mart ,
Water
The California State University system may not condition its funding of mitigation for off-site impacts of a campus expansion project on receipt of a legislative appropriation earmarked for that purpose, according to a...more
The Building Industry Association of the Bay Area has filed a lawsuit in federal court in the Northern District of California challenging the City of Oakland’s recent adoption of a public art ordinance on constitutional...more
7/31/2015
/ Art ,
Artists ,
Bay Area ,
California Building Industry Association (CBIA) ,
Construction Industry ,
Fifth Amendment ,
First Amendment ,
Injunctions ,
Land Developers ,
Local Ordinance ,
Real Estate Development
The Fifth District Court of Appeal has confirmed that the 90-day statute of limitations under the Subdivision Map Act includes takings claims arising out of Map Act decisions. Honchariw_v._County_of_Stanislaus, No. F069145...more
7/29/2015
/ Affordable Housing ,
Attorney's Fees ,
CA Supreme Court ,
Inverse Condemnation ,
Land Developers ,
Real Estate Development ,
Statute of Limitations ,
Subdivision ,
Subdivision Map Act ,
Takings Clause ,
Writ of Mandamus
The California Supreme Court has issued its long-awaited decision in Berkeley Hillside Preservation v. City of Berkeley, No. S201116 (March 2, 2015). The Court’s decision clears up some of the ambiguity that surrounded the...more
The California Supreme Court’s involvement in CEQA cases has been relatively limited since he statute’s enactment in 1970, with the court taking review of at most one or two appellate court decisions a year. The last two...more
1/6/2015
/ Bay Area Air Quality Management District ,
Building Permits ,
CEQA ,
Environmental Impact Report (EIR) ,
Exemptions ,
High-Speed Rail ,
Interstate Commerce ,
Judicial Review ,
Mitigation ,
Preemption ,
Public Projects ,
Railroads ,
Real Estate Development ,
Sierra Club
In This Issue:
- Project Approvals Triggering CEQA
..Chung v City of Monterey Park (2012) 210 CA4th 394
..Tuolumne Jobs and Small Business Alliance v Superior Court) 210 CA4th 1006 (petition for review pending,...more
1/3/2013
/ Ballot Measures ,
CEQA ,
Environmental Impact Report (EIR) ,
Exemptions ,
Greenhouse Gas Emissions ,
Groundwater ,
Permits ,
Standing ,
Statute of Limitations ,
Tolling ,
Wal-Mart