“CEQA-in-Reverse” Case Headed for the California Supreme Court

more+
less-

“CEQA-in-Reverse” -

Real estate developers, public agencies and private businesses involved in land development or redevelopment may soon have to contend with a new far-reaching interpretation of the California Environmental Quality Act (CEQA).

It is widely known among those involved in real estate development that CEQA requires a public agency to prepare an Environmental Impact Report (EIR) for any project “that may have a significant impact on the environment.” (California Public Resources Code Sections 21080, 21082.2, 21100, 21151.). CEQA, however, does not expressly provide that an EIR is required where it is claimed that the existing environment may have a significant impact on a proposed project.

The California Supreme Court is poised to decide in California Building Industry Association v. Bay Area Air Quality Management District (Supreme Court No. S213478 – review granted Nov. 26, 2013) whether this “reverse” EIR requirement is mandated by CEQA. Should the Supreme Court do so, this would have tremendous implications for real estate development projects of all kinds, and especially urban infill and development projects near transportation corridors.

Originally published in the Orange County Business Journal - May 12-18, 2014.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Topics:  CEQA, Contractors, Environmental Impact Report, Environmental Policies, Land Developers, Real Estate Market

Published In: Construction Updates, Environmental Updates, Commercial Real Estate Updates, Residential Real Estate Updates, Zoning, Planning & Land Use Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Snell & Wilmer | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »