News & Analysis as of

Permits California Environmental Quality Act

CEQA Compliance for Commercial Cannabis Business Licensing under MAUCRSA - Proposal Open to Comments

by Best Best & Krieger LLP on

The Bureau of Cannabis Control proposes to adopt a Negative Declaration related to its regulatory licensing and enforcement program for commercial cannabis distributors, retailers, testing laboratories, and microbusinesses...more

First Appellate District Holds that Air Quality Management District’s Issuance of “Authority to Construct” May Be Challenged Under...

by Downey Brand LLP on

On May 25, 2017, the First Appellate District published a modified version of its unpublished March 23, 2017 opinion, holding that the Mendocino County Air Quality Management District’s (“MCAQMD”) issuance of an “Authority to...more

The California Supreme Court Has a Banner Week, Hearing Argument in Three CEQA and Land Use Cases

by Downey Brand LLP on

On May 3–4, 2017, the California Supreme Court heard oral arguments in three cases with significant implications for California land use law. Below we summarize the main issue(s) argued in each matter and possible outcomes....more

West Coast Real Estate Update - May 2017 - #3

by Holland & Knight LLP on

L.A. to Legalize Residential Units Previously Created in Violation of Building Code - On May 10, 2017, the Los Angeles City Council unanimously approved an ordinance that would permit previously unapproved dwelling...more

Court of Appeal Upholds Issuance of Erosion-Control Permit as Ministerial and Exempt from CEQA

by Holland & Knight LLP on

In Sierra Club et al. v. County of Sonoma et al. (2017 WL 1422533), the California First District Court of Appeal held that the issuance of an erosion-control permit by the Agricultural Commissioner of Sonoma County...more

Saving Private Partnerships: Court Upholds P3 Project against CEQA Challenge under Save Tara

A 2008 California Supreme Court decision, Save Tara v. City of West Hollywood, cast doubt on local governments’ ability to enter into agreements with private developers prior to completing project review under the California...more

New Laws Reform California’s Surface Mining and Reclamation Act

by Stoel Rives LLP on

True to his word, Governor Jerry Brown signed two bills, AB 1142 and SB 209, into law on Monday to reform California’s Surface Mining and Reclamation Act (SMARA). Now, before getting too excited, keep in mind that the new...more

California Environmental Law & Policy Update - January 2016 #4

by Allen Matkins on

Environmental and Policy Focus - States ask Supreme Court to block Obama carbon emissions plan - Reuters - Jan 26 - A group of states led by West Virginia and Texas asked the U.S. Supreme Court to stay...more

Are Regulatory Delays Exacerbating Drought Conditions?

As we enter the fall season, substantial portions of California and the Pacific Northwest are experiencing extreme to exceptional drought conditions. While conditions are better in Texas and other nearby states this year,...more

Real Estate and Land Use - June 2014

Bowman v. California Coastal Commission - Why it matters: The Court in Bowman held that a permit condition could not be modified or deleted by a second permit that included the same project, even if the first permit...more

State Water Board Looks to Streamline Recycled Water Use Permits

by Best Best & Krieger LLP on

The proposed order responds to California’s current — and probable future — drought conditions. Public meeting scheduled for June 3. The State Water Resources Control Board released a draft order establishing General...more

Some CEQA Reminders From The Third District: Urban Decay Requires Actual Mitigation When Identified By EIR As A Significant...

by Miller Starr Regalia on

In a lengthy opinion filed February 28, 2014, and ordered partially published on April 1, 2014, the Third District Court of Appeal reversed the Yolo County Superior Court’s judgment denying a CEQA writ petition challenging...more

California Environmental Law and Policy Update - April 11, 2013

by Allen Matkins on

Environmental and Policy Focus - ..Court rules CEQA streamlining provision unconstitutional: CourtHouse News - Apr 3 - A section of a California law aimed at streamlining construction projects by moving...more

Federal Efficiency/Streamlining: CEQ Issues New NEPA Guidance Documents

by Holland & Knight LLP on

The Council on Environmental Quality (CEQ) released two handbooks under the federal National Environmental Policy Act (NEPA) on March 5, 2013, that provide regulatory guidance to "encourage more efficient environmental...more

California Environmental Law and Policy Update - March 7, 2013

by Allen Matkins on

In This Issue: Environmental and Policy Focus - Little unity over California's cap-and-trade program; California cancels carbon permit reserve sale after no bids; Obama names McCarthy to top EPA post; Peninsula cities...more

Proposed Revisions to Mining Inspection Form Could Decrease Local Control - Form Revisions Could Also Increase Burdens and Costs...

by Best Best & Krieger LLP on

On March 14, the State Mining and Geology Board’s Policy and Legislation Committee will consider an expanded version of the Surface Mining Inspection Report that is required to be completed annually by cities and counties...more

Fourth District Applies CEQA’s “Murky” Piecemealing Tests To Reject “Project Definition” Challenge To Park Development in Banning...

by Miller Starr Regalia on

Harmonizing CEQA’s rules and principles is, to say the least, not always easy, and is often quite challenging. The relevant concepts are often in tension, or are so malleable that they can be argued or construed to conflict....more

CEQA Year In Review 2012

by Perkins Coie on

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

Court Second-Guesses City, Finding Incorrect Description of Project Objective and Purpose Invalidates EIR

As the year comes to an end, the California Environmental Quality Act (CEQA) is facing a heightened level of focus from legislators and the general public as CEQA reform efforts for 2013 begin to take shape across the state....more

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