News & Analysis as of

Mitigation State and Local Government

Allen Matkins

The Future of Conservation Easements as Mitigation under CEQA

Allen Matkins on

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

Schwabe, Williamson & Wyatt PC

Use of Development Agreements to Facilitate Complex Development

A development agreement is a voluntary contract between a property owner and a local government to establish the rules that will direct the development, use, and mitigation of a specific property. The intent of Washington’s...more

Allen Matkins

Can a Responsible Agency Impose Mitigation Measures Not Considered in the Lead Agency’s EIR?

Allen Matkins on

In Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board, No. A157127, 2020 WL 7706795 (Cal. Ct. App. Dec. 29, 2020), the court ruled that CEQA does not constrain an agency’s authority to...more

Perkins Coie

Do Conservation Easements Provide Effective Mitigation for Loss of Farmland to Development?

Perkins Coie on

In 2018, the CEQA Guideline which defines the term “mitigation” was amended to add “conservation easements” to the list of measures that can provide “compensatory” mitigation for an environmental impact. Guideline §15370(e)....more

Perkins Coie

CEQA Year in Review 2020

Perkins Coie on

A Summary of Published Appellate Opinions Involving the California Environmental Quality Act - Despite relatively few published opinions this year, there were significant appellate court rulings on a range of topics,...more

Perkins Coie

School District May Assess Fees Based on General Type of Development and Need Not Consider Subtypes

Perkins Coie on

A school district may impose reasonable school impact fees based on the general type of development, regardless of whether the specific subtype of development will or will not generate new students. AMCAL Chico, LLC v. Chico...more

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