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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

4/2/2025 / Environmental Law, Transportation, Zoning, Planning & Land Use

First District Voids Clearlake Hotel Project MND for City’s Failure to Conduct Adequate CEQA AB 52 Tribal Cultural Resources Consultation

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 hall/parking…more

3/18/2025 / Environmental Law, Indigenous Peoples, Zoning, Planning & Land Use

CEQA Identified by Assembly Select Committee Report as Among Obstacles to Permitting Reform Needed to Meet State’s Housing and Climate Goals

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

3/17/2025 / Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Is Robust and Disruptive CEQA Reform Possible? Senator Scott Wiener Wants to Find Out – His Proposed SB 607 Would Exempt Rezonings Consistent With Approved Housing Elements, Limit The Scope of EIRs for Qualifying “Nearly-Exempt” Projects, and Greatly Strengthen Negative Declarations and Categorical and Statutory Exemptions

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 bill…more

3/6/2025 / Administrative Law, Environmental Law, Zoning, Planning & Land Use

JCCrandall, LLC V. County Of Santa Barbara: Will A Dispute Over The Use Of An Easement Send The Concept Of Legal Cannabis Cultivation Up In Smoke?

Cannabis is a multi-billion-dollar industry in California. For many years now, cannabis businesses have operated pursuant to state law, obtaining licenses and permits and entering into contracts to carry out cultivation,…more

3/5/2025 / Commercial Law & Contracts, Real Estate - Commercial, Zoning, Planning & Land Use

Second District Affirms Judgment Rejecting CEQA And Other Challenges To CARB’s “Technology-Forcing” Emissions-Control Regulation For At-Berth Tanker And Other Ships

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 Law, Environmental Law, Maritime Law

Following Up Earlier Order Suspending CEQA Review and Coastal Act Permitting Requirements To Facilitate Rebuilding After LA/Ventura County Fires, Governor Issues Executive Order N-14-25 To Quash “Legally Erroneous” Coastal Commission Guidance

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 the…more

2/6/2025 / Environmental Law, Zoning, Planning & Land Use

Governor Issues Executive Order N-4-25 Suspending CEQA Review and Coastal Act Permitting Requirements to Facilitate Rapid Rebuilding of Properties Destroyed or Damaged by Los Angeles and Ventura County Fires

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

1/15/2025 / Administrative Law, Environmental Law, Zoning, Planning & Land Use

Commercial Property Owners And Sb 1103: New Consumer-Type Protections For “Qualified Commercial Tenants” In Non-Residential Leasing Transactions

On September 30, 2024, Governor Newsom signed into law Senate Bill 1103, an unprecedented legislative measure affecting non-residential landlords’ transactions with a broadly defined class of “qualified commercial tenants.”…more

1/3/2025 / Commercial Law & Contracts, Real Estate - Commercial

First District Addresses Significant CEQA Issues Relating to Wildfire Risk, GHG Emissions, and Water Supply Impacts in Lake County Resort Development Case

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 / Environmental Law, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use

Sixth District Affirms Judgment Upholding Application of CEQA Guidelines Class 32 Infill Development Exemption To Project On Parcel Substantially Surrounded By Urban Uses In Small-Population City

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 District…more

11/26/2024 / Environmental Law, Zoning, Planning & Land Use

Fight On! After Grant and Transfer, Second District Holds Upon Reconsideration that Resident Noise Does Not Preclude CEQA Class 32 Infill Exemption for USC Area Housing Development Project; But Also Holds City Must First Find Project Consistent With Redevelopment Plan Incorporated Into Zoning Before Granting Exemption

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 California…more

11/22/2024 / Environmental Law, Zoning, Planning & Land Use

Down Another CEQA “Rabbit Hole”: Second District Upholds Project Description in Los Angeles County’s EIR For North Area General Plan and Zoning Update Against “Retroactive Instability” Challenge Based On Minor Change In Adopted Zoning Prohibiting New Vineyards; But Applies New Subjective Test De Novo and Outside Established Analytic Framework for Recirculation Challenges

“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 action…more

11/5/2024 / Environmental Law, Zoning, Planning & Land Use

Sheetz v. El Dorado County: Death Knell for Development Fee Programs or Harbinger of Judicial Deference?

The United States Supreme Court’s most recent Takings case, Sheetz v. El Dorado County, California enunciated a seemingly simple holding, that legislatively-imposed development fees are not, as such, exempt from analysis under…more

11/4/2024 / Constitutional Law, Real Estate - Residential, Zoning, Planning & Land Use

In Writ Action Attacking Vesting Tentative Map Approval, Second District Holds Plaintiffs’ Failure to Comply With Subdivision Map Act Statute of Limitations’ 90-Day Service-Of-Summons Requirement Does Not Bar Major “Portion” of CEQA Cause of Action Alleging “Procedural Violations Unique to CEQA” And Other Claims That Could Not Be Brought Under Map Act

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 pleadings,…more

11/1/2024 / Environmental Law, Real Estate - Residential, Zoning, Planning & Land Use

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