Miles H. Imwalle

Miles H. Imwalle

Morrison & Foerster LLP

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Latest Publications


CA Supreme Court Lays Groundwork for New and Expanded Affordable Housing Requirements

In a decision likely to have wide-ranging impacts on the building industry, the California Supreme Court has upheld the City of San Jose’s inclusionary housing ordinance and bolstered California cities’ ability to impose...more

6/17/2015 - Affordable Housing

Is California Really Going to Mandate an 80% Reduction in Greenhouse Gases Below 1990 Levels by 2050?

The California Supreme Court has elevated the stakes even further on what has already developed into a critically important question for the future of greenhouse gas (GHG) regulation in the state. On March 11, 2015, the...more

3/18/2015 - CA Supreme Court CEQA Environmental Impact Report Environmental Policies Greenhouse Gas Emissions Infrastructure National Parks

It’s Not Unusual: California Supreme Court Declines to Expand “Unusual Circumstances” Exception to CEQA Categorical Exemptions

In an important and highly anticipated decision under the California Environmental Quality Act (CEQA), the California Supreme Court overturned a Court of Appeal’s decision that would have severely limited public agencies’...more

3/8/2015 - Appeals Berkeley Hillside v City of Berkeley CA Supreme Court Categorical Exemptions CEQA Environmental Impact Report Exemptions Reversal

Inclusionary Housing on the Run

Several recent legal developments have cast doubt on the ability of California cities to continue using favored tools to promote construction of “inclusionary” affordable housing units. Few would dispute that the state faces...more

11/12/2013 - Affordable Housing Inclusionary Housing Ordinance

2013 CEQA and Land Use Legislative Roundup: Baby Steps, Few Leaps as California Remains Committed to Sustainable Policies

Although 2013 was not a banner year for the passage of new environmental legislation, Governor Brown did sign several bills that make modest changes to the California Environmental Quality Act (CEQA), revisit incentives for...more


They’re Back? First District Court of Appeal Paves the Way for Possible Reinstatement of Controversial Air Quality Thresholds

California’s First District Court of Appeal issued a decision on August 13 in California Building Industry Association v. Bay Area Air Quality Management District (“CBIA”) (Case No. A135335 (Cal. Ct. App. 1st, August 13,...more

8/20/2013 - Air Quality Standards CEQA Environmental Impact Report Greenhouse Gas Emissions Land Developers

Break Out the Crystal Ball—But Only If You Have the Evidence to Support It: California Supreme Court Affirms Agency Discretion to...

In a highly anticipated decision published today, the California Supreme Court affirmed that the use of a future baseline for analyzing certain environmental impacts is appropriate when supported by substantial evidence. The...more

8/6/2013 - CEQA Delegation of Discretion Environmental Assessments Environmental Claims Evidence

Solar Project Prevails Over Williamson Act, CEQA Claims in Save Panoche Valley

A recent California appellate decision broke new ground for solar energy developers by upholding a County’s decision to cancel numerous Williamson Act contracts and approve a large solar project despite potentially...more

7/10/2013 - CEQA Environmental Policies Renewable Energy Solar Energy Solar Farm Williamson Act

Update on CEQA Reform: Steinberg’s Quest for the “Elusive Middle Ground”

The last year witnessed what once appeared to be a groundswell of support for the “modernization” of the California Environmental Quality Act (“CEQA”), loosely meaning easing the burden of the process itself and minimizing...more

5/1/2013 - CEQA CEQA Reform

Putting the Brakes on San Diego’s Transportation Plan

The first “Sustainable Communities Strategy” adopted to guide long-range land use and transportation planning under SB 375 now has the distinction of being the first such plan set aside for failing to comply with the...more

12/12/2012 - CEQA Climate Change Greenhouse Gas Emissions Sustainable Communities Strategy

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