News & Analysis as of

California Environmental Quality Act

Perkins Coie

CEQA Statute of Limitations Not Triggered by Planning Commission NOD While Appeal to Board of Supervisors Was Pending

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A Court of Appeal held that the CEQA statute of limitations period does not begin to run after the filing of an initial notice of determination if the project is appealed. Central for Biological Diversity v. County of San...more

Downey Brand LLP

California Supreme Court Clarifies Time to Appeal Writ Decisions

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In Meinhardt v. City of Sunnyvale (2024) 16 Cal.5th 643 (“Meinhardt”), the California Supreme Court resolved a split in authorities over a procedural matter that will give CEQA litigants some certainty about when an appeal...more

Miller Starr Regalia

First District Holds CEQA Class 1 Categorical Exemption Applies To Approval of Project Converting Existing Oil Well Into...

Miller Starr Regalia on

In a published decision filed September 6, 2024, the First District Court of Appeal (Div. 5) reversed the trial court’s judgment granting a writ of mandate and upheld the use of CEQA’s Class 1 categorical exemption (CEQA...more

Miller Starr Regalia

Second District Rejects CEQA Challenges To LA City Planning Commission’s EIR Certification and Categorical Exemption Determination...

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In an opinion filed on July 24, and later ordered published on August 19, 2024, the Second District Court of Appeal (Div. 4) affirmed the trial court’s judgment denying a writ petition challenging actions taken by the Los...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - August 2024 - Volume 9, Issue 2

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to...more

Allen Matkins

Sustainable Development and Land Use Update - 8.29.24

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Governor Gavin Newsom on Tuesday signed two new bills that aim to boost housing supply and further address the state’s homelessness crisis....more

Miller Starr Regalia

Timing Remains Everything: Sixth District Holds CEQA Notice of Determination Filed Before County’s Final Project Approval Decision...

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The Sixth District Court of Appeal filed on July 24, and later certified for publication on August 6, 2024, its opinion in Center for Biological Diversity et al. v. County of San Benito, et al. (2024) __ Cal.App.5th __.  The...more

Allen Matkins

Sustainable Development and Land Use Update 8.12.24

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On June 27, 2024, the California First District Court of Appeal affirmed the denial of a writ petition challenging the City of Lafayette’s determination that a 12-unit residential condominium building qualified for the Class...more

Alston & Bird

Land Use Matters August 2024 – CEQA Appellate Decisions & Other Legal Developments

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City of Los Angeles - Increase to Planning Applications and Affordable Housing Linkage Fees - On July 1, 2024, the fee for planning and land use applications increased by 3.5% based on the Consumer Price Index for All Urban...more

Allen Matkins

California Court of Appeal Clarifies What Constitutes a “Rare” Species Under CEQA

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On June 27, 2024, the California First District Court of Appeal affirmed the denial of a writ petition challenging the City of Lafayette’s (City) determination that a 12-unit residential condominium building qualified for the...more

Downey Brand LLP

California Supreme Court Reverses First District Court of Appeal’s Decision in UC Berkeley People’s Park Student Housing Case

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The California Supreme Court, on June 6, 2024, reversed the First District Court of Appeal’s decision regarding UC Berkeley’s Long Range Development Plan (LRDP) EIR. The Supreme Court’s unanimous decision clears the way for...more

Farella Braun + Martel LLP

[Event] CEQA Decoded: Air Quality Analysis for Bay Area Projects - August 22nd, San Francisco, CA

Join our next “CEQA Decoded” series program for Bay Area professionals, addressing key aspects of air quality impact analysis under CEQA, and highlighting the latest revisions to BAAQMD and City of San Francisco guidelines....more

Miller Starr Regalia

First District Affirms Judgment Rejecting Challenge to CEQA Guidelines Class 32 Infill Development Exemption for 12-Unit...

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In an opinion filed June 27, and later ordered published (with slight modifications) on July 18, 2024, the First District Court of Appeal affirmed the trial court’s judgment denying a writ petition challenging the City of...more

Sheppard Mullin Richter & Hampton LLP

Big Streamlining for Small Subdivision Developers

To address the housing crisis in California, Senate Bill 684 (SB 684), passed in 2023 but effective as of July 1, 2024, aims to simplify the approval process for small-scale for-sale housing projects, facilitate a quicker...more

Perkins Coie

California Supreme Court Upholds EIR for UC Berkeley Housing Development

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The California Supreme Court held that under newly enacted Assembly Bill 1307, the environmental impact report prepared for UC Berkeley housing and longer-term development was not inadequate for failing to consider social...more

Perkins Coie

EIR for State Water Project Contract Amendments Upheld

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The Third District Court of Appeal upheld the Department of Water Resources’ EIR concerning State Water Project contract amendments against multiple CEQA challenges related to impact analysis, project descriptions, and...more

Miller Starr Regalia

Budget Trailer Bill SB 174 Exempts State Capitol Renovation Project From CEQA, Extends Existing Statutory Exemption for...

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California Senate Bill No. 174 (SB 174), a budget trailer bill that was passed by the Assembly with amendments on June 26, received Senate concurrence on the amendments the same day, and was enrolled and presented to the...more

Allen Matkins

New California Assembly Committee Aims to Reduce Permitting Obstacles for Housing and Climate Projects

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The Assembly Select Committee on Permitting Reform held its first hearing on June 18, 2024, commencing its efforts to address California’s housing and climate crises by reforming the state’s land use permitting regime....more

Allen Matkins

Sustainable Development and Land Use Update 6.27.24

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As detailed in our previous Legal Alert, six conservation groups filed a petition with the California Fish and Game Commission (Commission) on March 5, 2024 to request the implementation of legal protections for five...more

Perkins Coie

UCSF Hospital Project Was Exempt From Local Land Use Regulations Even If Not Pursued Solely For Governmental Purposes

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Project opponents were unable to state a claim against the Regents of the University of California based on allegations that a new hospital at the University of California, San Francisco campus would violate local land use...more

Coblentz Patch Duffy & Bass

California Supreme Court Upholds UC Berkeley’s Long Range Development Plan and People’s Park Housing Project Approvals

The California Supreme Court recently upheld the Environmental Impact Report (“EIR”) for the Long Range Development Plan (“LRDP”) for the University of California Berkeley (“UC Berkeley”) and a controversial housing project...more

Downey Brand LLP

Project’s Completion Did Not Moot CEQA Claim

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Introduction - On March 29, 2024, the First District Court of Appeal issued its partially published opinion in the case of Vichy Springs Resort, Inc. v. City of Ukiah (2024) 101 Cal.App.5th 46....more

Allen Matkins

Sustainable Development and Land Use Update 6.10.24

Allen Matkins on

A California Supreme Court ruling will allow student housing at University of California to be built at Berkeley's historic People's Park. In February 2023, a state appeals court in San Francisco had sided with the opponents,...more

Meyers Nave

CA Supreme Court Holds CEQA Does Not Cover Social Noise from Residential Projects, Clearing Way for UC Berkeley’s Housing Project...

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So-called “social noise”—i.e., noise created by human voices—is not an environmental impact required by the California Environmental Quality Act (“CEQA”) to be analyzed for residential projects, the California Supreme Court...more

Miller Starr Regalia

Supreme Court Holds Legislature’s Case-Driven CEQA Amendments Require Judgment Upholding UC Berkeley’s 2021 Long-Range Development...

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“It ain’t over ‘til it’s over.” Yogi Berra and Lenny Kravitz - In a unanimous opinion filed on June 6, 2024, the California Supreme Court reversed the judgment of the First District Court of Appeal in the controversial...more

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