News & Analysis as of

Exemptions Construction Project

Miller Starr Regalia

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

Miller Starr Regalia on

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

Miller Starr Regalia

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

Miller Starr Regalia on

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

Miller Starr Regalia

First District Holds CEQA Challenge To Shooting Range Project On City-Owned Land In Unincorporated County Was Not Mooted By...

Miller Starr Regalia on

In a partially published opinion filed March 29, 2024, the First District Court of Appeal (Div. 4) rejected contentions that the pre-judgment completion of construction of a shooting range mooted a CEQA challenge to the...more

Miller Starr Regalia

CEQA Remedies Go Both Ways:  Fourth District Reverses Judgment Upholding San Diego County Board’s Decision Granting Project...

Miller Starr Regalia on

In an important published opinion filed February 16, 2024, the Fourth District Court of Appeal (Div. 1) held the San Diego County Board of Supervisors committed a prejudicial abuse of discretion in granting project opponents’...more

Miller Starr Regalia

Fourth District Affirms Judgment Upholding City’s Use of CEQA Guidelines’ Historical Resource (Class 31) Exemption To Approve...

Miller Starr Regalia on

In an opinion filed September 13, and modified and certified for publication on October 6, 2023, the Fourth District Court of Appeal (Div. 3) affirmed the trial court’s judgment denying a CEQA writ petition challenging the...more

Miller Starr Regalia

Recent Legislation Brings Incremental CEQA Reform

Miller Starr Regalia on

On September 7, 2023, Governor Newsom signed into law AB 1307, urgency legislation which took effect immediately and added to the Public Resources Code a new Section 21085, which reads: “For purposes of this division, for...more

Miller Starr Regalia

Second District Affirms Judgment Voiding CEQA Infill Exemption For Hollywood Hotel Project That Would Demolish Affordable Housing...

Miller Starr Regalia on

In an opinion filed June 28, 2023, and later ordered published on July 25, 2023, the Second District Court of Appeal (Div. 5) affirmed a judgment granting a writ of mandate setting aside (1) the City of Los Angeles’ (City)...more

Alston & Bird

Land Use Matters March 2023 – CEQA Appellate Decisions & Other Legal Developments

Alston & Bird on

Los Angeles City Planning and Department of Building and Safety - COVID-19 Emergency Public Order on Tolling and Time Limits Rescinded - On March 21, 2020, then-Mayor Eric Garcetti issued a COVID-19 emergency public order to...more

Miller Starr Regalia

Another Call for CEQA Litigation Reform? Second District Rejects NIMBY Group’s CEQA, Coastal Act, and Land Use Challenges, Affirms...

Miller Starr Regalia on

In a published opinion filed March 8, 2023, the Second District Court of Appeal (Division 8) affirmed the trial court’s judgment denying writ relief in a lawsuit challenging approval of a CEQA-exempt eldercare facility...more

Miller Starr Regalia

Fourth District Holds Addendum To 2010 Program EIR For Irvine Business Complex Vision Plan Violated CEQA Because Conclusion That...

Miller Starr Regalia on

In a published opinion filed February 6, 2023, the Fourth District Court of Appeal (Div. 3) affirmed a judgment setting aside an addendum to a 2010 program EIR (PEIR) and accompanying approvals for a 275,000-square foot...more

Miller Starr Regalia

When CEQA Litigation Turns Tortious: First District Affirms Order Denying Anti-SLAPP Motion, Allows Malicious Prosecution Action...

Miller Starr Regalia on

While CEQA is a complicated area of law, often criticized as a “plaintiff’s sandbox,” CEQA litigation is not a “free-for-all” immune from malicious prosecution actions when it is unsuccessfully pursued with malice and without...more

Miller Starr Regalia

First District Affirms Judgment Upholding Statutory CEQA Exemption For Housing Project Consistent With EIR-Reviewed Specific Plan,...

Miller Starr Regalia on

In an opinion filed on December 29, 2021, and later ordered published on January 25, 2022, the First District Court of Appeal (Div. 4) affirmed a judgment upholding the City of Newark’s (City) use of Government Code § 65457’s...more

Perkins Coie

CEQA Existing Facilities Exemption Inapplicable to Unlined Landfills and Exhaustion of Administrative Remedies not Required Where...

Perkins Coie on

A California Court of Appeal held that CEQA’s issue exhaustion requirement did not preclude a challenge to Inyo County’s exemption determinations for condemnation proceedings and expanded operation of unlined landfills...more

Miller Starr Regalia

Fourth District Affirms Judgment Upholding CEQA Class 32 Infill Exemption For Costco Gas Station/Parking Lot Project Within...

Miller Starr Regalia on

In an opinion filed September 28, and certified for publication on October 26, 2021, the Fourth District Court of Appeal (Div. 3) affirmed a judgment denying a writ petition challenging the City of Tustin’s finding that a...more

Perkins Coie

COVID-19 Shelter-In-Place Orders Exempt Activities Necessary for the Construction of Housing

Perkins Coie on

On March 16, 2020, in response to the COVID-19 (coronavirus) global pandemic, seven counties – Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, and Santa Cruz – issued orders requiring residents to shelter...more

Burr & Forman

Trump Administration Expands Tariffs Affecting Automobile, Construction & Electrical Companies

Burr & Forman on

New Tariffs on Imported Steel and Aluminum Derivative Products - On February 8, 2020, the United States expanded tariffs on steel and aluminum raw material imports to include finished product imports from all but a select...more

Perkins Coie

CEQA Year in Review 2019

Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The year 2019 saw several trailblazing opinions, indicating that courts continue to grapple with some of CEQA’s core policies. The...more

Stinson LLP

CATEX Controversy: The Ninth Circuit Strikes Down FAA Decision to Exempt a Sea-Tac Operational Change from Environmental Review

Stinson LLP on

The process for approving changes in airport operations and development projects may now be more complicated, time-consuming, expensive and uncertain, due to a new federal appeals court decision. The decision faults the...more

Seyfarth Shaw LLP

President Trump to Restore Tariffs on Aluminum and Steel Imports from Brazil and Argentina

Seyfarth Shaw LLP on

While China commands the media spotlight in the global war on trade, new trade battles are being waged south of the equator. On Monday December 2, 2019, President Trump announced that he would reinstate tariffs on aluminum...more

Bilzin Sumberg

Ley de apelaciones de zonificación de Florida: Denegación de excepción especial anulada en el condado de Miami-Dade

Bilzin Sumberg on

En la reciente decisión dictada en la causa Publix Supermarkets, Inc., v. Miami-Dade County, expediente n.º 17-082 AP, el Tribunal del Undécimo Circuito Judicial del condado de Miami-Dade sostuvo lo siguiente: (i) el...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Construction One-Minute Read: Illinois Restricts Retainage on Private Construction Projects

Every private construction project in Illinois will be affected by a new law, effective immediately. The Contractor Prompt Payment Act (815 ILCS 603/1, et seq.) was amended to restrict the use of retainage on construction...more

Sheppard Mullin Richter & Hampton LLP

EIR for Downtown San Francisco Mixed-Use Project Upheld Under Supreme Court’s Newly Articulated Standard of Review

The belatedly published South of Market Community Action Network v. City and County of San Francisco (2019) ___ Cal.App.5th ___ (“South of Market”), is the first published decision in which the court applies the principles...more

Perkins Coie

CEQA Project Baseline Should Not Have Been Set Prior to Demolition of Historic Structure

Perkins Coie on

The Fourth District Court of Appeal held that the project baseline under CEQA for construction of a new home did not include demolition of a potential historic structure that had occurred before submittal of a permit...more

Seyfarth Shaw LLP

The State Of Buy America: Changes To New York’s Domestic Preference Regime For Public Works And Infrastructure Projects

Seyfarth Shaw LLP on

The state of New York has adopted legislation tightening the regulatory regime governing the use of steel in construction and infrastructure projects, including structural steel, structural iron, reinforcing steel, and the...more

Perkins Coie

CEQA Year In Review 2017

Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - In 2017, the California Supreme Court issued two decisions involving highly controversial questions of first impression. In the...more

29 Results
 / 
View per page
Page: of 2

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