Brady McShane

Brady McShane

Manatt, Phelps & Phillips, LLP

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Latest Publications


Real Estate and Land Use - March 2015

Be Careful What You Agree To (City of San Marcos v. Loma San Marcos, LLC) - Why It matters: The Court of Appeal affirmed the trial court decision upholding an agreement between the City of San Marcos and a property owner...more

3/22/2015 - CA Supreme Court CEQA Conditional Use Permit Environmental Impact Report Fifth Amendment Greenhouse Gas Emissions Impact Fees Judicial Foreclosure Process Mitigation Recycling Rescission Sustainable Communities Strategy Takings

California Supreme Court Decides Significant Impact Alone Not Sufficient to Deny Use of Categorical Exemption (Berkeley Hillside...

In a landmark California Environmental Quality Act (CEQA) case decided yesterday, the California Supreme Court provided guidance on the use of categorical exemptions in Berkeley Hillside Preservation v. City of Berkeley...more


Real Estate and Land Use - December 2014

San Diego Regional Sustainable Strategies Plan Invalidated; SANDAG Has Requested Supreme Court Review - Cleveland National Forest Foundation et al. v. San Diego Association of Governments (November 24, 2014) Fourth...more

12/19/2014 - Air Pollution CEQA Coastal Real Estate Environmental Impact Report Greenhouse Gas Emissions Petition for Writ of Certiorari San Diego

Real Estate and Land Use - November 2014

Change of Heart – Court of Appeal Reverses Opinion in Bowman v. California Coastal Commission - Why it matters: The court in Bowman originally held that a permit condition could not be modified or deleted by a second...more

11/21/2014 - Appeals California Coastal Commission CEQA Coastal Real Estate Easements Environmental Impact Report Land-Use Permits Real Estate Development Subdivision

Real Estate and Land Use - Sep 2014

Evidence of Economic Infeasibility of CEQA Alternatives Explained (SPRAWLDEF v. San Francisco Bay Conservation and Development Commission) - Why it matters: In upholding the approval of a 260-acre expansion to the...more

9/19/2014 - Air Quality Standards Airports CEQA Environmental Impact Report ESA Listings Greenhouse Gas Emissions High-Speed Rail Landfills San Diego San Francisco

CEQA "Modernization"—Urgent End-of-Session Alert

We recently reported in our August 20, 2013, newsalert that Senate President Pro Tem Darrell Steinberg’s August 6 amendments to SB 731, The CEQA Modernization Act of 2013, continued to stray further from meaningful CEQA...more

9/12/2013 - CEQA Environmental Claims Environmental Policies New Legislation

CEQA “Modernization”: Taking the Reform Out of CEQA Reform

Earlier this year, we reported on Senate President Pro Tem Darrell Steinberg's CEQA modernization bill, SB 731. As the legislative session nears its end, SB 731 has again been amended - most recently on August 6 - and is...more

8/21/2013 - CEQA Environmental Policies Proposed Legislation

CEQA Reform? What's In and What's Out with SB 731 (And What's Next...)

Lauded as the CEQA Modernization Act of 2013, Senate President Pro Tem Darrell Steinberg’s SB 731 includes a number of amendments to CEQA that appear intended to appeal to a wide variety of interest groups. SB 731 replaces...more

5/24/2013 - CEQA CEQA Reform

Court Second-Guesses City, Finding Incorrect Description of Project Objective and Purpose Invalidates EIR

As the year comes to an end, the California Environmental Quality Act (CEQA) is facing a heightened level of focus from legislators and the general public as CEQA reform efforts for 2013 begin to take shape across the state....more

12/13/2012 - CEQA Environmental Impact Report Permits

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