News & Analysis as of

Environmental Impact Report (EIR) Compliance

Miller Starr Regalia

Third District Reverses Order Prematurely Discharging CEQA Writ for Failure to Address Objections That Certified Revised EIR Was...

Miller Starr Regalia on

In an opinion filed April 18, and belatedly ordered published on May 15, 2024, the Third District Court of Appeal reversed the trial court’s order discharging the peremptory writ of mandate that was issued following the Court...more

Miles & Stockbridge P.C.

Recent Court Decisions Demonstrate that a Non-Compliant Phase I ESA May Jeopardize a Real Property Purchaser’s Defense Status

It is standard practice today for real property purchasers to conduct an Environmental Phase I Environmental Site Assessment (“Phase I ESA”) or otherwise satisfy the All Appropriate Inquiries (“AAI”) requirement “in...more

Clark Hill PLC

What the California Environmental Quality Act Means for Cannabis Operators in the Golden State

Clark Hill PLC on

Cannabis is big business in California. Last year, tax revenue from sales was $1.2 billion and is expected to be at least $1.3 billion this year. Of course, you cannot sell products if you do not have it and you must raise...more

Perkins Coie

County May Abandon Public Easement Rights to Prevent Unauthorized Use of Road

Perkins Coie on

The Third Appellate District determined that Placer County met relevant statutory requirements when it partially abandoned public easement rights in a road originally intended to be used only for emergency access and public...more

Miller Starr Regalia

Proposed CEQA Guidelines Amendments: A Critique Of OPR’s “Preliminary Discussion Draft” (Part I – Proposed “Efficiency...

Miller Starr Regalia on

On August 11, 2015, the Governor’s Office of Planning and Research (OPR) released a 145-page “Preliminary Discussion Draft” of “Proposed Updates to the CEQA Guidelines” (the “Discussion Draft”). The Discussion Draft “contains...more

Miller Starr Regalia

CEQA Litigation Abuses Documented By New Empirical Study Of Recent Case Filings

Miller Starr Regalia on

A 138-page report, including 371 footnotes and a 30-page appendix listing all properly documented CEQA lawsuits filed in California over its 3-year study period (2010-2012), has been posted by its authors, Holland & Knight...more

Miller Starr Regalia

CEQA Action Seeking to Avoid LAFCO Annexation and SOI Change Approvals is Dismissed for Failure to Comply with Procedural...

Miller Starr Regalia on

The lessons taught by the Fifth District Court of Appeal in its recently-published decision in Protect Agricultural Land v. Stanislaus County Local Agency Formation Commission (City of Ceres, RPI), ___ Cal.App.4th ___, 2014...more

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