News & Analysis as of

Municipalities Environmental Impact Report (EIR)

Nossaman LLP

California Appellate Court Upholds CEQA Greenhouse Gas Emissions Methodology

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A recent court decision provides guidance to lead agencies seeking to comply with CEQA requirements related to greenhouse gas (GHG) emissions. In Tsakopoulos Investments, LLC v. County of Sacramento, the Third District Court...more

Miller Starr Regalia

Fourth District Rejects CEQA And Municipal Code Challenges To City Of Santa Cruz’s Project Approvals And EIR For Small Multifamily...

Miller Starr Regalia on

In an opinion filed on December 16, 2021, and belatedly ordered published on January 13, 2022, the Fourth District Court of Appeal rejected a CEQA challenge to a small multifamily project in the City of Santa Cruz.  Ocean...more

Farrell Fritz, P.C.

Big Changes in the Village of Westbury: Zoning Amendment Sows the Seeds for New Transit-Oriented Development

Farrell Fritz, P.C. on

On December 5, 2019, the Village of Westbury Board of Trustees adopted legislation creating the Maple Union Transit-Oriented Development District (or “Maple Union TOD”)....more

Farrell Fritz, P.C.

Negative Declaration SEQRA Review Upheld for Fairway Manor Expansion in Town of Islip

Farrell Fritz, P.C. on

Fairway Manor, a senior rental housing complex for ages 55 and older, located on the border of Blue Point and Bayport, was created in 1991 when the Town Board of the Town of Islip approved a change of zone application on a 70...more

Farrell Fritz, P.C.

Court Rules that Delays Associated with SEQRA Review do not Violate Telecommunications Act

Farrell Fritz, P.C. on

Due to the proliferation of advanced mobile devices, such as smartphones and tablets, wireless service providers anticipate a significant increase in data traffic over their networks in the next few years. ...more

Latham & Watkins LLP

California Court of Appeal Upholds Noise Analysis in Negative Declaration

Latham & Watkins LLP on

CEQA Case Report: Understanding the Judicial Landscape for Development - In a published opinion issued May 1, 2018, Jensen v. City of Santa Rosa, Case. No. SCV255347, the California Court of Appeal affirmed the trial...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Minimum Water Flows/Municipal Water Department: Settlement Agreement Addresses California River/Endangered Species

The City of San Bernardino, California and City of San Bernardino Municipal Water Department (“Water Department”) and the Center for Biological Diversity and San Bernardino Audubon Society (collectively “CBD”) entered into an...more

Farrell Fritz, P.C.

Third Department Affirms “Neg. Dec.” Do-Over in Village of Ballston Spa v. City of Saratoga Springs

Farrell Fritz, P.C. on

In SEQRA parlance, a “Negative Declaration of Environmental Significance”, or “Neg. Dec.”, is a lead agency’s finding that the proposed Type I or Unlisted Action under review will not result in any significant adverse...more

Latham & Watkins LLP

California Appeals Court: Petitioner Must Show Prejudice for Brown Act Violation

Latham & Watkins LLP on

CEQA Case Report: Understanding the Judicial Landscape for Development - In an unpublished opinion issued January 31, 2018, Citizens for Open & Public Participation v. City of Montebello, Case No. B277060, the California...more

Perkins Coie

Supplement — Curtin’s California Land Use

Perkins Coie on

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

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - October 2014

Accepting a Permit “Under Protest” Does Not Work in the Coastal Zone - (Lynch v. California Coastal Commission (2014) 229 Cal. App. 4th 658): Why it matters: Lynch v. California Coastal Commission firmly dispels the...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

Miller Starr Regalia

“Bag It!” – Third Published CEQA “Bag Ban” Decision Upholds San Francisco’s Ordinance as Categorically Exempt While Slamming...

Miller Starr Regalia on

Plaintiff Save the Plastic Bag Coalition (Coalition) lost a third consecutive published appellate decision in its litigation campaign to require EIRs for virtually all local ordinances that ban or restrict the use of...more

Miller Starr Regalia

First District Rejects CEQA Challenge To City of Napa’s Reliance On Prior General Plan EIR For Housing Element Update Project

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The EIR has long been the judicially-proclaimed “heart of CEQA” because it represents the culmination of the statute’s environmentally-protective purposes and objectives. Yet the legal “expiration date” for the document...more

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