Good News For Calif. Developers By Sean M. Sherlock


Oringally published in Law 360 on August 11, 2011

An increasingly common tactic among opponents of development projects is to demand that the applicant adopt a long, typically boilerplate, list of measures to mitigate the projects’ contributions of greenhouse gases. Then in court, they argue that under the California Environmental Quality Act (“CEQA”) the city or county must either adopt those measures or prove that each and every one of them is infeasible. On July 26, 2011, a California court of appeal published an opinion rejecting this tactic.

The case is noteworthy in a few respects: (1) the factual history illustrates just how difficult it has become to develop anything in California in the face of public opposition; (2) it provides a road map for adequately analyzing a project’s greenhouse gas impacts; and (3) it puts to rest the assertion that a municipality must undertake the extremely onerous task of responding to each and every conceivable mitigation measure that the project opponent throws at it.

Please see full article below for more information.

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

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

Written by:


Snell & Wilmer on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.