On November 25, 2019, the California Court of Appeal ruled that the public’s use of a road for more than half a century to access Martin’s Beach was permissive, and therefore “did not ripen into a public dedication that would...more
1/8/2020
/ Appeals ,
Beach Access ,
Beachfront Properties ,
California Coastal Commission ,
Coastal Real Estate ,
New Evidence ,
Private Property ,
Property Dedication ,
Property Owners ,
Public Use ,
Real Estate Market ,
Recreation ,
Regulatory Takings ,
Right of Access ,
State and Local Government ,
Waterfront Properties
The Fifth Amendment to the U.S. Constitution states: “nor shall private property be taken for public use, without just compensation.” The California Constitution contains a similar provision. Reading these constitutional...more
12/4/2019
/ Appeals ,
Beach Access ,
Beachfront Properties ,
California Coastal Commission ,
Coastal Real Estate ,
Fees ,
Fifth Amendment ,
Just Compensation ,
Licenses ,
Permits ,
Private Property ,
Property Dedication ,
Property Owners ,
Public Use ,
Real Estate Development ,
Real Estate Market ,
Recreation ,
Right of Access ,
State and Local Government ,
Takings Clause ,
Waterfront Properties
In a recent published decision, the California Court of Appeal had the opportunity to address this issue when the property owners of a beachside residence in the City of Los Angeles challenged a setback condition that the...more
10/17/2019
/ Appeals ,
Applications ,
Beachfront Properties ,
Building Permits ,
California Coastal Commission ,
Coastal Real Estate ,
Construction Project ,
Property Owners ,
Real Estate Development ,
Regulatory Takings ,
Rising Sea Levels ,
Setback Rules ,
Substantial Evidence Standard ,
Waterfront Properties
The California Coastal Act establishes another layer of regulation governing “development” in the Coastal Zone. Development under the Coastal Act is defined to encompass essentially everything and anything. ...more
10/15/2018
/ Administrative Procedure Act ,
Appeals ,
Building Permits ,
California Coastal Commission ,
Coastal Real Estate ,
Real Estate Development ,
Regulatory Takings ,
Ripeness ,
Separation of Powers ,
State Constitutions ,
Urban Planning & Development
On June 13, 2016, the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision, held that the U.S. Fish and Wildlife Service (FWS) had properly included approximately 1,500 acres in Louisiana as designated critical...more
Primarily relying on precedent from the U.S. Court of Appeals for the Ninth and D.C. Circuits, the U.S. District Court for the District of Maine recently dismissed an Endangered Species Act (ESA) lawsuit challenging two...more
8/26/2016
/ Administrative Procedure Act ,
Appeals ,
Dismissals ,
Endangered Species ,
Endangered Species Act (ESA) ,
Energy Projects ,
Energy Sector ,
Exclusive Jurisdiction ,
Federal Power Act ,
FERC ,
Hydropower ,
National Marine Fisheries Service
In a recent decision, the U.S. Court of Appeals for the District of Columbia affirmed the dismissal of an environmental organization’s Endangered Species Act (ESA) claim, concluding that the organization lacked standing...more
In a decision that enhances the ability of local interests to obtain mitigation funds from state agencies, the California Supreme Court held that the California Environmental Quality Act ("CEQA") requires the Board of...more
Every so often, a decision comes out that makes you stop for a second and take a breath. Generally, these decisions have two essential components: (1) they deal with a statute of limitations; and (2) they involve millions of...more
On May 27, 2015, the U.S. Court of Appeals for the Ninth Circuit provided some additional guidance as to what constitutes agency action for purposes of triggering the consultation requirement under the Endangered Species Act...more
On November 20, 2014, the Third District Court of Appeal (Court) handed a partial victory to the City of Sacramento (City), rejecting petitioners' appeal and thereby authorizing the continued construction of the Sacramento...more
In a published decision, the California Court of Appeal for the Second Appellate District rejected the California Coastal Commission’s (“Commission”) finding that there is no rational nexus or rough proportionality between...more
In Sierra Club v. County of Fresno, a decision that will likely impact projects across California, the Court of Appeal for the Fifth Appellate District issued its second major California Environmental Quality Act ("CEQA")...more
In a decision that will likely impact projects all across the state, the Court of Appeal for the Fifth Appellate District issued its second major CEQA decision of the year, finding that when a project will result in pollutant...more