California stands at a pivotal juncture in 2025, confronting an array of environmental and housing challenges. As usual, the California State Legislature is considering numerous strategies to address these issues. This year’s...more
6/24/2025
/ Accessory Dwelling Units (ADUs) ,
Affordable Housing ,
California ,
California Coastal Commission ,
California Endangered Species Act ,
CEQA ,
Citizen Suits ,
Clean Energy ,
Demolition ,
Density Bonus ,
Disclosure Requirements ,
Environmental Policies ,
Habitat Conservation Plan ,
Housing Developers ,
Housing Market ,
Impact Fees ,
Natural Disasters ,
Natural Resources ,
New Legislation ,
Real Estate Development ,
Sackett v EPA ,
Water Conservation ,
Waters of the United States ,
Wetlands ,
Wildfires
California’s regulatory authority over “waters of the state” continues to grow even as the federal definition of “Waters of the United States” (WOTUS) narrows under shifting legal and regulatory frameworks. In Sackett v. EPA...more
6/23/2025
/ California ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Policies ,
Permits ,
Proposed Legislation ,
Regulatory Reform ,
Sackett v EPA ,
Waste Disposal ,
Water Quality ,
Waters of the United States ,
Wetlands
Several high-profile species — including the burrowing owl, Crotch’s bumble bee, western Joshua tree, western spadefoot toad, and the monarch butterfly — have recently been elevated to candidate status under either the...more
SB 684 and SB 1123 (Caballero) expand the Starter Home Revitalization Act to further facilitate the construction of “starter” home projects consisting of up to 10 dwelling units (not exceeding an average of 1,750 net...more
6/19/2025
/ Affordable Housing ,
Building Permits ,
California ,
CEQA ,
Housing Developers ,
Multi-Family Development ,
New Legislation ,
Regulatory Reform ,
Regulatory Requirements ,
Single Family Housing ,
Zoning Laws
On October 10, 2024, the California Fish and Game Commission (Commission) unanimously voted to designate the western burrowing owl (Athene cunicularia hypugaea) as a candidate species under the California Endangered Species...more
6/19/2025
/ California ,
California Endangered Species Act ,
California Fish and Game Commission ,
CEQA ,
Endangered Species Act (ESA) ,
Environmental Impact Report (EIR) ,
Habitat Conservation Plan ,
Land Developers ,
Permits ,
Real Estate Development ,
Risk Management
The California Fish and Game Commission (Commission) held its second meeting on the Western Joshua Tree Conservation Plan (Draft Conservation Plan) on April 16, 2025. Though no formal action was taken, the Commission received...more
“Recent federal actions limiting the Council on Environmental Quality’s (CEQ) authority under the National Environmental Policy Act (NEPA) have created an uncertain regulatory landscape, with less clarity on how agencies will...more
On April 17, 2025, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) published a proposed rule in the Federal Register to rescind their respective...more
Last week, several news outlets reported that the White House Council on Environmental Quality (CEQ) circulated a draft template dated April 8, 2025 among federal agencies to assist in updating their procedures for...more
On March 14, 2025, the California Court of Appeal for the First District issued the first published opinion interpreting Assembly Bill 52 (AB 52), the law governing tribal consultation procedures under the California...more
The California Fish and Game Commission (Commission) accepted public comment on the draft Western Joshua Tree Conservation Plan (Draft Conservation Plan) at its February 12, 2025 meeting, but no formal action was taken. As...more
On February 20, 2025, the White House Council on Environmental Quality (CEQ) posted a pre-publication notice on its website of an Interim Final Rule that rescinds its regulations implementing the National Environmental Policy...more
Vacancy rates across the state are showing improvement, particularly in San Francisco, which reflects California’s housing shortage. Demand also remains strong, and supply is growing, suggesting confidence in the sector...more
2/12/2025
/ Affordable Housing ,
Apartments ,
California ,
Construction Industry ,
Housing Developers ,
Housing Market ,
Multi-Family Development ,
Office Space ,
Real Estate Development ,
Real Estate Market ,
Rental Property ,
Urban Planning & Development ,
Vacant Properties
The California Court of Appeal’s recent decision in V Lions Farming, LLC v. County of Kern provides important clarity on the use of agricultural conservation easements (ACEs) for mitigating the conversion of agricultural land...more
2/5/2025
/ Agribusiness ,
Agricultural Sector ,
California ,
CEQA ,
Conservation ,
Department of Environmental Quality ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Mitigation ,
Oil & Gas ,
Real Estate Development ,
Regulatory Agenda ,
State and Local Government ,
Urban Planning & Development
On December 12, 2024, the California Department of Fish and Wildlife (CDFW) released its draft Western Joshua Tree Conservation Plan (Draft Conservation Plan) to the California Fish and Game Commission (Commission), as...more
On December 10, 2024, the U.S. Fish and Wildlife Service (USFWS) proposed to list the monarch butterfly (Danaus plexippus) as threatened under the federal Endangered Species Act (ESA). A proposed critical habitat designation...more
SB 684, which took effect on July 1 of this year, provides for streamlined, ministerial processing of certain residential projects in multifamily zoning districts consisting of no more than 10 single-family homes. The law...more
At its October 10 meeting, the California Fish and Game Commission (the Commission) unanimously found that a petition to list the western burrowing owl (Athene cunicularia hypugaea) as an endangered or threatened species in...more
On June 27, 2024, the California First District Court of Appeal affirmed the denial of a writ petition challenging the City of Lafayette’s (City) determination that a 12-unit residential condominium building qualified for the...more
On June 28, 2024, the United States Supreme Court upended decades of precedent by overturning the Chevron doctrine in the combined cases of Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce...more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Magnuson-Stevens Act (MSA) ,
National Marine Fisheries Service ,
Popular ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation ,
Vessels
As detailed in our previous Legal Alert, six conservation groups filed a petition with the California Fish and Game Commission (Commission) on March 5, 2024 to request the implementation of legal protections for five...more
On May 3, 2024, the California Department of Fish and Wildlife (CDFW or Department) published a Notice of Proposed Action (Proposed Rule) to update its regulations for Lake or Streambed Alteration Agreements (LSAAs). As...more
On March 5, 2024, six conservation groups filed a petition with the California Fish and Game Commission (the Commission) to request the implementation of legal protections for five populations of the western burrowing owl...more
On April 12, 2024, the Supreme Court of the United States issued its much-anticipated ruling in Sheetz v. County of El Dorado, U.S. No. 22-1074 (petition for certiorari granted 9/29/23) (Sheetz). The case concerned the...more
4/16/2024
/ Building Permits ,
Constitutional Challenges ,
Construction Project ,
Fifth Amendment ,
George Sheetz v County of El Dorado ,
Impact Fees ,
Popular ,
Property Owners ,
Real Estate Development ,
SCOTUS ,
Supreme Court Justices ,
Takings Clause ,
Traffic Impact Assessments
On April 12, 2024, the U.S. Fish and Wildlife Service’s (USFWS) new regulations for eagle take permitting under the Bald and Golden Eagle Protection Act will go into effect. The regulations, issued on February 12, 2024,...more