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On March 22, 2022, the Second District Court of Appeal published its Opinion in Buena Vista Water Storage District v. Kern Water Bank Authority, upholding the Environmental Impact Report (EIR) for the Kern Water Bank...more
While some have been enjoying the return of baseball, albeit without fans in the stands, the Oakland A’s are moving forward with their game plan for a new stadium in the Port of Oakland. However, relations with their...more
Welcome to Alston & Bird’s Environmental & Land Use Briefing, a summary of emerging issues and recent developments in environmental and land use law. ...more
In an opinion filed June 28, and later ordered published on July 27, 2018, the Second District Court of Appeal (Div. 6) affirmed the trial court’s judgment dismissing on demurrer a writ petition seeking to compel the County...more
In early May, the Fourth District Court of Appeal took an important step toward helping to secure Orange County’s water supply. It issued several opinions in response to challenges to a proposed public-private partnership...more
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. ...more
In the second of two published opinions filed May 10, 2016, the Fourth District Court of Appeal affirmed the trial court’s judgment upholding the lead agency designation and EIR for a controversial project proposing to pump...more
Court Upholds Public-Private Groundwater Conservation and Recovery Project That Will Serve Customers Throughout Southern California - A proposed public-private partnership project to pump fresh groundwater, which would...more
In two opinions filed May 10, 2016 (one partially and the other fully published), the Fourth District Court of Appeal rejected a number of CEQA and other challenges to a project proposing to pump 50,000 acre-feet of...more
In an opinion filed September 10, and later ordered partially published on October 9, 2015, the Court of Appeal affirmed the substance of a judgment upholding an EIR for a regional shopping center renovation project in...more
In Parker Shattuck Neighbors, et al. v. Berkeley City Council, et. al. (First Appellate District, December 30, 2013) (“Shattuck Neighbors”), the court upheld the City of Berkeley’s approval of a mitigated negative declaration...more
The first published California Environmental Quality Act case of 2013, Save Cuyama Valley v. County of Santa Barbara, strongly endorsed a lead agency’s authority to use its own, project-specific significance thresholds in an...more
It is a fundamental precept of CEQA that it applies only to the discretionary approval of a project. If an agency has no discretion to deny or shape the project to address environmental concerns, CEQA review would be a...more
In This Issue: - Project Approvals Triggering CEQA ..Chung v City of Monterey Park (2012) 210 CA4th 394 ..Tuolumne Jobs and Small Business Alliance v Superior Court) 210 CA4th 1006 (petition for review pending,...more