News & Analysis as of

Environmental Impact Report (EIR) Urban Planning & Development Construction Project

Miller Starr Regalia

Second District Rejects CEQA Challenges To LA City Planning Commission’s EIR Certification and Categorical Exemption Determination...

Miller Starr Regalia on

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

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - August 2024 - Volume 9, Issue 2

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to...more

Alston & Bird

Land Use Matters August 2024 – CEQA Appellate Decisions & Other Legal Developments

Alston & Bird on

City of Los Angeles - Increase to Planning Applications and Affordable Housing Linkage Fees - On July 1, 2024, the fee for planning and land use applications increased by 3.5% based on the Consumer Price Index for All Urban...more

Perkins Coie

California Supreme Court Upholds EIR for UC Berkeley Housing Development

Perkins Coie on

The California Supreme Court held that under newly enacted Assembly Bill 1307, the environmental impact report prepared for UC Berkeley housing and longer-term development was not inadequate for failing to consider social...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use, May 2024 - Volume 9, Issue 1

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to...more

Miller Starr Regalia

Hilltop Group, Inc. v, County of San Diego: Throwing a Judicial Monkey Wrench into the Spin Cycle of Local Agency CEQA Laundering?

Miller Starr Regalia on

The California Environmental Quality Act (CEQA) has long required a full analysis of project's potential adverse effects on the environment. The environmental impact report (EIR)-known as the "heart of CEQA"-is intended to...more

Perkins Coie

Court Overturns County’s Decision to Require an EIR For Lack of Substantial Evidence

Perkins Coie on

The County of San Diego planning staff found a project qualified for a CEQA exemption under Guideline 15183, which applies to projects consistent with a general plan for which an EIR had been prepared. On appeal, the Board...more

Downey Brand LLP

Downey Brand Compilation of Published CEQA Cases in 2023

Downey Brand LLP on

2023 served up roughly the same number of published appellate CEQA cases as 2022 with a defense win percentage of over 80 percent, which has been the case in many, if not all, of the past ten years. A prominent theme of...more

Downey Brand LLP

Court Upholds Master Plan EIR’s Climate Change Analysis that Used Sector and Region-Specific Data to Develop a Threshold of...

Downey Brand LLP on

In Tsakopoulos Investments v. County of Sacramento (2023) 95 Cal. App. 5th 280, the Third District Court of Appeal (“Court”) upheld the County of Sacramento’s (“County”) certification of the Mather South Community Master Plan...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - August 2023 - Volume 8, Issue 2

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to...more

Alston & Bird

Land Use Matters July 2023 – CEQA Appellate Decisions & Other Legal Developments

Alston & Bird on

CITY OF LOS ANGELES - Site Plan Review Exemption for Affordable Housing - On June 30, 2023, the city council adopted an amendment to the Site Plan Review Ordinance to exempt deed-restricted affordable housing units from...more

Perkins Coie

EIR Recirculation Not Required Where Final Version of Approved Project Was Not Specifically Evaluated in EIR

Perkins Coie on

The Second District Court of Appeal held that: (1) despite revisions to a mixed-use development project, the project description in the EIR was “accurate, stable, and finite;” (2) an opportunity for public comment on the...more

Perkins Coie

County Did Not Violate Its Duties Under CEQA By Approving a Project at the Density Agreed to in a Stipulated Judgment

Perkins Coie on

The court held that the County of Marin did not abdicate its duties under CEQA when it approved a specific project pursuant to a stipulated judgment. Tiburon Open Space Committee v. County of Marin, 78 Cal. App. 5th 700...more

Miller Starr Regalia

First District Holds EIR’s Analysis of “No Project” Alternative To City of Livermore Residential Development Violated CEQA By...

Miller Starr Regalia on

In a published decision filed March 30, 2022, the First District Court of Appeal (Division 5) reversed a trial court judgment upholding the reissued final environmental impact report (“RFEIR”) for a 44-single family residence...more

Miller Starr Regalia

Third District Rejects CEQA Challenges To El Dorado Irrigation District Ditch Piping Project, Holds EIR’s Project Description And...

Miller Starr Regalia on

In an opinion filed January 28, and later certified for publication on February 16, 2022, the Third District Court of Appeal affirmed a judgment denying a petition for writ of mandate that challenged on CEQA grounds the El...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - Volume 6, Issue 4

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck's Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your...more

Alston & Bird

Land Use Matters: January 2021

Alston & Bird on

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

BCLP

Swire v Secretary of State [2020]: A cautionary tale for applicants seeking screening directions

BCLP on

A recent High Court ruling in the case of R (Swire) v Secretary of State [2020] has highlighted the subtleties in the approach to screening decisions and particularly in the assessment of  measures to mitigate the adverse...more

Miller Starr Regalia

Third District Affirms Judgment Rejecting CEQA Challenges To EIR For Cordova Hills Master Planned Community Project

Miller Starr Regalia on

In an opinion filed January 30, and later ordered published on March 2, 2020, the Third District Court of Appeal affirmed a judgment denying a writ petition filed by plaintiffs Environmental Council of Sacramento and the...more

Perkins Coie

CEQA Year in Review 2019

Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The year 2019 saw several trailblazing opinions, indicating that courts continue to grapple with some of CEQA’s core policies. The...more

Farrell Fritz, P.C.

Big Changes in the Village of Westbury: Zoning Amendment Sows the Seeds for New Transit-Oriented Development

Farrell Fritz, P.C. on

On December 5, 2019, the Village of Westbury Board of Trustees adopted legislation creating the Maple Union Transit-Oriented Development District (or “Maple Union TOD”)....more

Farella Braun + Martel LLP

Changing Climate, Changing Laws: Addressing New Wildfire Risk Requirements in Project Development

In this op-ed for pv magazine, David Lazerwitz and Linda Sobczynski of Farella Braun + Martel examine the levels of precaution necessary to ensure fire risk mitigation in project development. Originally published in...more

Miller Starr Regalia

Third District Rejects CEQA Challenges To Chico Walmart Expansion Project EIR’s Urban Decay Analysis And City’s Statement Of...

Miller Starr Regalia on

In an opinion filed September 5, and later certified for partial publication on October 3, 2019, the Third District Court of Appeal affirmed a judgment upholding the City of Chico’s EIR and related statement of overriding...more

Miller Starr Regalia

Are Urban Land Uses And Project Design Components Fungible For CEQA Project Description Purposes As Long As Maximum Possible...

Miller Starr Regalia on

In an opinion originally filed on July 31, and belatedly ordered published on August 22, 2019, the Second District Court of Appeal (Division 3) affirmed a judgment granting a CEQA writ petition invalidating the final EIR and...more

Miller Starr Regalia

Third District Upholds Sustainable Communities Environmental Assessment (SCEA) Used Instead Of Traditional CEQA Document To...

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In a 30-page opinion originally filed July 3, and certified for publication on July 18, 2019, the Third District Court of Appeal affirmed the trial court’s judgment denying a writ petition challenging, on zoning law and CEQA...more

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