Zoning, Planning & Land Use Environmental Construction

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California Supreme Court Denies Review in Expedited CEQA Litigation over Golden State Warriors Arena Project Approval

On January 17, 2017, the California Supreme Court denied the losing appellants’ petition for writ of supersedeas, stay request, and petition for review of the First District Court of Appeal’s decision in Mission Bay Alliance...more

US Fish and Wildlife Service Finalizes Eagle Rule Revision

On December 14, 2016, the US Fish and Wildlife Service (FWS) finalized its proposed revisions to the Eagle Rule (Final Rule) and released its Record of Decision (ROD). The Final Rule allows companies and others to obtain...more

Too much, too fast, too soon: Stakeholders react to the Government of Ontario's coordinated review of the provincial plans

During the first quarter of 2015, the Government of Ontario (the Province) initiated a coordinated 10-year review of Ontario’s four land use plans (the Coordinated Review): (1) the Growth Plan for the Greater Golden Horseshoe...more

Completing the Loop Without Reinventing the Wheel: First District Holds 1998 EIR Adequate Without Further CEQA Review to Analyze...

In an opinion filed November 29, and belatedly ordered published on December 22, 2016, the First District Court of Appeal affirmed the trial court’s denial of a writ petition challenging on CEQA grounds the San Francisco...more

Land Use Matters, Alston & Bird LLP, November/December 2016

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

Bursting at the Seams: Expanded “Purple Pipe” Requirements

Existing on-site water recycling requirements for toilets, urinals and landscaping have applied to buildings of 250,000 gross square feet or larger in the Reclaimed Water Use Map (the “Map”) area since November 2015. The Map...more

The Department of Energy’s Simplified IIP Process Goes Into Effect in November

On November 28, 2016, the Department of Energy’s (DOE) simplified Integrated Interagency Pre-Application (IIP) Process will go into effect. The IIP is a voluntary, pre-application process intended to streamline and...more

Final D.C. Groundwater Well Requirements Will Impact Many Property Owners

The District of Columbia Department of Energy and Environment (DOEE) on Oct. 28, 2016, published final rules governing the construction, maintenance and abandonment of wells. The new regulations became effective immediately...more

Evaluating a Project’s “Exacerbation” on Existing Environmental Hazards

Substantial Evidence Proving “Exacerbation” Required, California Appellate Court Says - A significant decision interpreting the scope of the California Supreme Court’s ruling in California Building Industry Association...more

California Coastal Act Takes Priority Over Housing Density Laws

Court Decision Provides Guidance for Affordable Housing Units within the Coastal Zone - The Second District Court of Appeal recently held that local agencies may be required to grant affordable housing density bonuses...more

California Supreme Court Rules That Agencies—Not Courts—Determine Whether Modified Projects Are Subject to CEQA's Subsequent...

On September 19, the California Supreme Court held unanimously in Friends of the College of San Mateo Gardens v. San Mateo County Community College, that agencies—and not courts—must decide whether the "subsequent review"...more

California Supreme Court Addresses CEQA Supplemental Review; Rejects “New Project” Test

Recent decision resolves appellate split regarding standard of review for agency decision to prepare supplemental environmental review. On September 19, the California Supreme Court held that the substantial evidence...more

Courts Must Defer to Agency Determination on Whether a Changed Project is a New Project

In Friends of the College of San Mateo Gardens v. San Mateo County Community College District (Supreme Court No. S214061, filed Sept. 19, 2016), the California Supreme Court resolved the vexing question of whether a change to...more

New California Law Amends Water Supply Planning Laws

Water Supply Sufficiency Analyses Must Consider Groundwater Sustainability - Gov. Jerry Brown has signed Senate Bill 1262 into law, representing an initial attempt to incorporate groundwater management requirements under...more

California Supreme Court Rejects "New Project" Test In High Profile CEQA Suit

“Enough already!” Reading between the lines, this is what a seemingly exasperated California Supreme Court appears to be saying in its latest California Environmental Quality Act (“CEQA”) decision?Friends of the College of...more

My Project Changed—Is My EIR Still Valid: A New California Supreme Court Case Provides Guidance

Change is inevitable. Many times between project approval and project construction fluctuations in market conditions, financing terms or other factors mandate project changes. Do the changes require a further or modified...more

California Governor Extends CEQA Litigation Streamlining Provisions for Large Projects Promoting Job Creation and Innovative...

Law Will Expedite Schedules for Qualified Projects - On Friday, Gov. Jerry Brown signed into law a bill extending special California Environmental Quality Act litigation streamlining provisions for large,...more

Real Estate and Land Use - August 2016 #2

Proactive Predevelopment for Successful P3s - A new report was recently published by the Urban Land Institute (ULI) called Successful Public/Private Partnerships: From Principles to Practice. The report provides valuable...more

Recycled Water and New Construction. New Standards Being Considered.

The second a series of stockholder meetings will be held on August 30, 2016 in Sacramento, California to consider proposed amendments to the state building code for the installation of recycled water systems for newly...more

Real Estate and Land Use - August 2016

Court of Appeal Holds EIR Inadequately Analyzed Energy Impacts - Ukiah Citizens for Safety First v. City of Ukiah et al. (248 Cal.App.4th 256) (partially published) - Why It Matters: The California Court of Appeal...more

Pick Up the C-PACE – Montgomery County Opens its Commercial Property Assessed Clean Energy Program

Property Assessed Clean Energy (“PACE”) programs are being adopted throughout the country at a rapid pace. In 2014, Maryland enacted legislation authorizing local governments to establish PACE programs. Subsequently,...more

Sustainable Development Update - August 2016 #2

Sustainable Development Focus - Burgeoning green building materials market set to reach $255B by 2020 - Construction Dive - Aug 3 - The global green building materials market is on pace to hit $255 billion by...more

Pierce Atwood Environmental Regulatory Compliance Calendar

Federal - Notice of Availability of the Environmental Protection Agency’s Two Updated Chapters in the EPA Air Pollution Control Cost Manual - EPA is making two finalized chapters of the EPA Air Pollution Control...more

CEQ Instructs Federal Agencies to Consider Climate Change Impacts During NEPA Reviews

On August 2, 2016, the Council on Environmental Quality (CEQ) released a Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National...more

Corps Jurisdiction Determinations Reviewable

The U.S. Supreme Court ruled on May 31 in United States Army Corps of Engineers v. Hawkes Co., Inc. that final decisions by the Army Corps of Engineers (“Corps”) concerning the limits of its jurisdiction under the Clean Water...more

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