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The Future of Conservation Easements as Mitigation under CEQA

The California Court of Appeal’s recent decision in V Lions Farming, LLC v. County of Kern provides important clarity on the use of agricultural conservation easements (ACEs) for mitigating the conversion of agricultural land...more

Automobile Delay May Not Be Treated As a Significant Environmental Impact

Automobile delay (as measured solely by roadway capacity or traffic congestion) cannot constitute a significant environmental impact, even for projects that were approved before the new CEQA guidelines on transportation...more

90-Day Statute of Limitations Applies to Final Planning and Zoning Decisions by Non-Legislative Bodies and Public Officials

Planning and zoning decisions by a non-legislative body or public official authorized under a municipal code are subject to the 90-day statute of limitations of Government Code section 65009(c)(1), the court of appeal ruled...more

Size Limit on Retail Tenants Not Likely to Cause Urban Decay

A general plan policy that limited the size of retail tenants in certain areas of a city was not likely to cause urban decay and was not inconsistent with other general plan policies encouraging infill development, the court...more

Failure To Identify Preferred Alternative Dooms EIR

A draft EIR that studies five very different project alternatives without identifying a preferred alternative violates CEQA by failing to provide the public with a stable project to review, the court of appeal held in Washoe...more

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