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Planning, Zoning and Development Legal Update

A Q&A With BB&K Of Counsel Todd Leishman and Partner Alisha Winterswyk - The last couple of years have been transformative for housing and development in California. Among the new laws passed in the last two years are a...more

Beware of Coastal Act Violations: Court Upholds Coastal Commission’s Authority to Impose up to $20 Million Penalty

Property Owner’s Beach Access Case - The California Legislature gave sharper teeth to the Coastal Act in 2014 by authorizing the Coastal Commission to impose a staggering penalty against any person in violation of the...more

CEQA Document Filing Fees Increase for 2021

California Department of Fish and Wildlife Annual Adjustments - The California Department of Fish and Wildlife announced an increase in filing fees for all California Environmental Quality Act Notices of Determination...more

New Filing Requirements for CEQA Documents

Significant Changes Begin Nov. 3 - The California Office of Planning and Research, State Clearinghouse Unit, has adopted new rules for accepting environmental documents for posting. Beginning Nov. 3, OPR will no longer...more

California Supreme Court Clarifies Ministerial vs. Discretionary Actions Under CEQA for Well Construction Permits

Decision in Protecting Our Water and Environmental Resources v. County of Stanislaus Case - In a long-awaited decision, the California Supreme Court addressed the circumstances under which a public agency may characterize...more

New Year's Resolution for Public Agencies: Prepare to use Vehicle Miles Traveled as the Metric for Transportation Impacts under...

A Change in Methodology Will be Required Statewide July 1 - Although a paradigm shift for analyzing transportation impacts under the California Environmental Quality Act has been approaching ever since Senate Bill 743...more

CEQA Document Filing Fees Increase for 2020

California Department of Fish and Wildlife Annual Adjustments - The California Department of Fish and Wildlife announced an increase in filing fees for all California Environmental Quality Act Notices of Determination...more

Appellate Court Rejects Challenges to Residential Development in Montebello - BB&K Defends City from CEQA, Brown Act and Planning...

In a decision that allows progress on development of new housing in a time of great need in California, a California appellate court upheld a trial court ruling that had rejected several legal challenges to a residential...more

Defining “Existing” Structures in Sea Rise Shoreline Protection - California Coastal Commission and City of San Clemente Reach LUP...

Disagreement over the definition of the word “existing” in discussion over shoreline protection took center stage in the City of San Clemente’s Coastal Land Use Plan update....more

Legislature May Expedite CEQA Review for Transportation Projects Connected to 2028 Olympic Games - Bill Introduced in Advance of...

In a move that could have significant implications for Los Angeles’ efforts to prepare for the 2028 Olympics, California lawmakers recently introduced key legislation that would expedite California Environmental Quality Act...more

Property Owner to Maintain Public Beach Access Over Coastal Property - California Court of Appeal Weighs in on California Coastal...

Under the California Coastal Act, a beachfront property owner must maintain public access over his property — and will be required to seek a Coastal Development Permit if he wishes to limit such public access, a California...more

CEQA Document Filing Fees Increase

Filing fees are being increased by the California Department of Fish and Wildlife for all California Environmental Quality Act Notices of Determination filed on or after Jan. 1. As was the case in 2016, no DFW fee will...more

CEQA Allows Developers to Recover Administrative Record Costs when Reimbursing Agency

Appellate Victory for Developers and Public Agencies - A developer can recover the cost of preparing a California Environmental Quality Act administrative record, even when the lead agency, not the developer, actually...more

California Supreme Court Addresses the Reverse CEQA Problem

CEQA Does Not Require Agencies to Consider the Impact of Existing Conditions on Future Project Users — Except in Certain Circumstances - Under what circumstances, if any, does the California Environmental Quality Act...more

EPA Issues New Regulation Governing Air Quality Standards for Ozone

New Standards Could be Costly for California’s Public Agencies - The United States Environmental Protection Agency issued a final rule earlier this month strengthening the National Ambient Air Quality Standards for...more

Specific Plan EIRs and Exemptions for Follow-On Actions

The 2013 legislative session began with high hopes that California’s landmark environmental law – the California Environmental Quality Act (CEQA) – would be reformed. Developers, builders, and public agencies across the state...more

California Department of Fish and Wildlife Increases CEQA Document Filing Fees

Filing Fees for CEQA Notices of Determination Increase Effective January 1, 2014 - Effective January 1, 2014, the California Department of Fish and Wildlife (DFW) has increased its filing fees for all CEQA Notices of...more

Court of Appeal Rules on Lead Agencies' Ability to Delegate CEQA Decision-Making Authority

Government Bodies That Lack Authority to Approve Project Also Lack Authority to Certify Environmental Documents - Certifying an environmental impact report (EIR) for San Jose’s general plan was not a task properly...more

Court of Appeal Rules Setting Thresholds is Not a "Project" Under CEQA - Air District’s CEQA Thresholds for Greenhouse Gases...

Yesterday, the Court of Appeal for the First District issued its ruling in California Building Industry Association v. Bay Area Air Quality Management District. In a win for public agencies, the court held that establishing...more

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