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CA Supreme Court Environmental Impact Report (EIR) Real Estate Development

Miller Starr Regalia

Supreme Court Holds Legislature’s Case-Driven CEQA Amendments Require Judgment Upholding UC Berkeley’s 2021 Long-Range Development...

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“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

Alston & Bird

Land Use Matters: January 2021

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We are pleased to once again present Land Use Matters, our publication that provides updates on new CEQA court decisions as well as planning developments for the City of Los Angeles and the County of Los Angeles. We realize...more

Sheppard Mullin Richter & Hampton LLP

CDP Applicant May Not Challenge Local Agency’s CEQA Decision on Coastal Development Permit While CDP Appeal to Coastal Commission...

In Fudge v. City of Laguna (G055711), published on February 13, 2019, the Fourth District Court of Appeal joined the First and Sixth Districts by reaffirming the need for a litigant to wait for the California Coastal...more

Latham & Watkins LLP

California Supreme Court Clarifies Standards for Judicial Review and Air Quality Analyses

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The Sierra Club decision affects both the preparation of EIRs and judicial review of agency decisions certifying EIRs. Key Points: ..An environmental impact report’s (EIR) discussion of potential environmental impacts...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Clarifies Scope of De Novo and Substantial Evidence Standards Of Review In CEQA Cases

In Sierra Club v. County of Fresno (S219783), the California Supreme Court unanimously reaffirmed that the substantial evidence standard of review does not always apply when a lead agency prepares an environmental impact...more

Alston & Bird

Land Use Matters - February 2019

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Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. ...more

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

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Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more

Best Best & Krieger LLP

California Supreme Court Addresses Standard of Review for EIRs and Air Quality Impact Analyses - Decision in Sierra Club v. County...

In a highly anticipated decision, the California Supreme Court found in Sierra Club v. County of Fresno that the environmental impact report was inadequate because it failed to sufficiently connect the project’s air quality...more

Latham & Watkins LLP

California Supreme Court Clarifies Standard of Review for EIRs and Requirements for Air Quality Impact Analyses

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CEQA Case Report: Understanding the Judicial Landscape for Development - In a published opinion issued December 24, 2018, Sierra Club v. County of Fresno, Case No. S219783, the California Supreme Court determined that an...more

Downey Brand LLP

California Supreme Court Requires De Novo Review for EIR Adequacy Challenges and Imposes Heightened EIR Requirements Connecting...

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In a long-awaited decision, on December 24, 2018 the California Supreme Court in Sierra Club v. County of Fresno (S219783) affirmed, in part, and reversed, in part, the Fifth District Court of Appeal’s decision concerning a...more

Downey Brand LLP

Banning Ranch Conservancy v. City of Newport Beach

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On March 30, 2017, in the first of at least three CEQA rulings expected this year, the California Supreme Court issued its long-awaited decision in Banning Ranch Conservancy v. City of Newport Beach. In a unanimous opinion...more

Stoel Rives - Environmental Law Blog

First Quarter CEQA Update in Under 60 Seconds

Okay, maybe slightly longer than 60 seconds. The point being, though, that CEQA case updates really should not read like law school case briefs. Long discussion of the lower court’s findings? No thank you. ...more

Latham & Watkins LLP

California Supreme Court: CEQA Requires Study of Potential Impacts to ESHA

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Lead agencies cannot ignore the Coastal Act’s ESHA requirements in CEQA documents and defer analysis for later Coastal Commission review. Key Points: ..CEQA requires an EIR to identify potential environmentally...more

Best Best & Krieger LLP

Evaluating a Project’s “Exacerbation” on Existing Environmental Hazards

Best Best & Krieger LLP on

Substantial Evidence Proving “Exacerbation” Required, California Appellate Court Says - A significant decision interpreting the scope of the California Supreme Court’s ruling in California Building Industry Association...more

Perkins Coie

Courts Must Defer to Agency Determination on Whether a Changed Project is a New Project

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In Friends of the College of San Mateo Gardens v. San Mateo County Community College District (Supreme Court No. S214061, filed Sept. 19, 2016), the California Supreme Court resolved the vexing question of whether a change to...more

Latham & Watkins LLP

California Supreme Court Hears Oral Argument in Friends of the College of San Mateo Gardens v. San Mateo County (Case No. S214061)

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On May 4, 2016, the California Supreme Court heard oral argument in Friends of the College of San Mateo Gardens v. San Mateo County Community College District (Case No. S214061), which addresses the standard of review that...more

Nossaman LLP

Worth the Wait? The California Supreme Court Rules that CEQA Does Not Require An Analysis of the Environment's Impacts on a...

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On December 17, 2015, the California Supreme Court issued its long-awaited decision in California Building Industry Association v. Bay Area Air Quality Management District (No. S213478). The sole question before the Court...more

Miller Starr Regalia

California Supreme Court Holds “CEQA-In-Reverse” Is Not The Norm, Reverses And Remands First District’s Judgment In CBIA v. BAAQMD

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In a unanimous 24-page opinion authored by newly seated Justice Cuellar and filed December 17, 2015, the California Supreme Court resolved a fundamental issue regarding CEQA’s scope, holding that – with certain specific...more

Miller Starr Regalia

Lost in Translation: Supreme Court Elucidates CEQA GHG Analysis, “Fully Protected” Species Take Prohibition, And Issue Exhaustion...

Miller Starr Regalia on

In a 5-2 decision filed November 30, 2015, the California Supreme Court reversed the judgment of the Court of Appeal which had upheld the EIS/EIR for the controversial Newhall Ranch development project. Center For Biological...more

Stoel Rives LLP

Developer Catches a Break in California Supreme Court CEQA Ruling

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In Berkeley Hillside Preservation v. City of Berkeley, No. S201116 (Cal. Mar. 2, 2015) (slip op), the California Supreme Court overturned an appeals court ruling that banned developers from using an exemption under the...more

Perkins Coie

California Supreme Court Upholds Most Commonly Used CEQA Categorical Exemptions

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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

Allen Matkins

Berkeley Hillside: New Supreme Court decision defines limits of CEQA exemption challenges to development

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Today, the California Supreme Court issued the highly anticipated CEQA decision: Berkeley Hillside Preservation v. City of Berkeley. The case addresses whether the "unusual circumstances" exception to CEQA's categorical...more

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