News & Analysis as of

LA Metro Pursues Independent P3 Authority: ABX 1-12

Los Angeles County Metropolitan Transportation Authority (“LA Metro”) is pursuing new public-private partnership (P3) legislation, Assembly bill ABX 1-12 (“Bill 12”). Bill 12, introduced and read for the first time on August...more

State Agencies Cannot Use State Budgetary Uncertainties to Escape Mitigation Obligations under CEQA

The California Supreme court determined the California State University ("CSU") could not rely solely on earmarked appropriations from the State Legislature for payment of "fair share" mitigation fees the CSU determined...more

Supplement — Curtin’s California Land Use

This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more

Court Clarifies Rules for Recovery of Attorneys' Fees in Eminent Domain Actions

In California eminent domain actions, the parties are required to exchange formal settlement proposals 20 days before trial. If the case proceeds to trial, the property owner may recover litigation expenses if its demand was...more

Caltrans Liable for Failure to Properly Address Employee’s Requests for Accommodation

Kamali v. California Department of Transportation, No. B247756 (March 17, 2015): In an unpublished opinion, the California Court of Appeal recently upheld a jury’s verdict finding the California Department of Transportation...more

Caltrans and Temecula Join Forces to Relieve I-15 Congestion

The City of Temecula is moving forward with the French Valley Parkway. The project involves constructio of a new arterial, as well as improvements to the I-15 Winchester Road interchange. Phase I of the project included...more

41 Projects Get Funding at CTC December Meeting

The California Transportation Commission met in Riverside on Wednesday. On the agenda was the allocation of $254 million in funding for transportation projects throughout the state. You can read Caltrans’ press release...more

Enactment of SB 785 Clears Caltrain Electrification for Design-Build

California Governor Edmund G. Brown, Jr., has signed California Senate Bill (SB) 785. As my colleague Nancy Smith has observed, enactment of SB 785 is a major step forward for the State of California, because now many more...more

CEQA Alert: CEQA Does Not Apply to Approval of Proposed Railroad Operations – Express Preemption by ICCTA

California’s First Appellate District has held that federal law preempts CEQA’s application to the approval of proposed railroad operations. Although this was an issue of first impression for a California appellate court,...more

California Environmental Law and Policy Update - August 2014

Environmental and Policy Focus - Richmond approves massive Chevron refinery project with $90 million in community benefits: Contra Costa Times - Jul 30: Chevron's five year-plus quest to initiate a $1 billion upgrade...more

Optimistic that the Willits Bypass will move forward, Caltrans seeks input on its "child projects"

As reported in the Willits News, Caltrans is going forward with public workshops for the Sherwood Road Intersection Project, one of four "child projects" of the Willits Bypass project, which is anticipated to increase the...more

CTC Meeting Brings Good News for Transportation Projects Around the State

As reported in Caltrans District 11's press release, there is much good news coming out of California Transportation Commission's meeting last week. First, thanks to a new state budget that increased transportation funding...more

California Environmental Law and Policy Update - May 2014

Environmental and Policy Focus - New high-speed train route approved despite 'unavoidable' effects in Valley: The Fresno Bee - May 12: The California High-Speed Rail Authority approved a section of rail line from...more

California District Court Finds Biological Assessments Inconsistent And Enjoins Caltrans' Project

In Souza v. California Department of Transportation, No. 13-cv-04407 (N.D. Cal. May 2, 2014), plaintiffs sought to enjoin a project proposed by the California Department of Transportation (Caltrans) to modify U.S. Route 199...more

CEQA Requires CalTrans’ EIR to Separately Analyze Significance of Highway Project’s Impacts on Protected Old Growth Redwoods’ Root...

In a partially-published opinion filed January 30, 2014, the First District Court of Appeal, Division 3, reversed the trial court’s judgment denying a writ petition, and held that Caltrans must correct certain deficiencies in...more

Caltrans EIR Analysis of Impacts to Redwoods Found Inadequate

In Trisha Lee Lotus v. Caltrans (Jan. 30, 2014), the First District Court of Appeal reversed a Humboldt County Superior Court decision, and ruled that a California Department of Transportation (Caltrans) environmental impact...more

California Environmental Law and Policy Update - October 18, 2013

Environmental and Policy Focus: Supreme Court to Hear Challenge to EPA Rules on Gas Emissions - New York Times - Oct 18: The Supreme Court on Tuesday agreed to hear a major case challenging Environmental Protection...more

Caltrans to Finally Sell Those Homes it Purchased 50+ Years Ago for the 710 Freeway

More than 50 years ago, Caltrans purchased roughly 500 homes under threat of eminent domain within the planned right-of-way for the anticipated construction of the I-710 freeway (linking Monterey Park to Pasadena). That...more

California Rewarded for Keeping Transportation Projects on Track

Caltrans just announced that California will be receiving $155 million in extra funding for launching its new construction projects before federal deadlines. Caltrans will receive about $97 million of that award, with local...more

Shortlist Announced for Caltrans and Metro ARTI Project

On September 10, 2013, the California Department of Transportation (“Caltrans”) in cooperation with the Los Angeles County Metropolitan Transportation Authority (“Metro”), announced the shortlist for the Accelerated Regional...more

Caltrans and Metro Issue Request for Qualifications for the Accelerated Regional Transportation Improvements Project

The California Department of Transportation (“Caltrans”), in cooperation with the Los Angeles County Metropolitan Transportation Authority (“Metro”), issued on May 31, 2013 a Request for Qualifications (“RFQ”) for teams...more

From One End of the US to the Other, Project Finance Magazine Recognizes P3 Projects as Deals of the Year

On March 7, Project Finance Magazine held its annual “Project Finance Americas Deals of the Year” awards dinner in New York City. The awards – which started 14 years ago – are for innovation, deal repeatability, best...more

Interesting Valuation Dispute in Caltrans Eminent Domain Battle

The California Department of Transportation (Caltrans) and the owner of Silveira Ranch are involved in an interesting valuation dispute stemming from Caltrans' acquisition of part of the ranchland needed for Highway 101...more

Perfect Storm for CEQA Reform In 2013? Former Govs Weigh In

Hot on the heels of Governor Jerry Brown’s 2013 State of the State address, which raised the need for CEQA reform (as noted in my immediately-preceding blog post), a trio of former California governors has echoed and...more

More Infrastucture Coming Your Way California

As we mentioned in our recent 2012 Eminent Domain Year in Review, we've seen a boom of infrastructure projects in California -- a trend we expect to continue into the near future. So what exactly are we talking about? ...more

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