A Court of Appeal held that the CEQA statute of limitations period does not begin to run after the filing of an initial notice of determination if the project is appealed. Central for Biological Diversity v. County of San...more
A Court of Appeal held that a municipal regulation concerning enforcement of zoning laws did not provide a legal basis to challenge a city planning department’s past zoning decisions. San Pablo Ave. Golden Gate Improvement...more
The Third District Court of Appeal upheld the Department of Water Resources’ EIR concerning State Water Project contract amendments against multiple CEQA challenges related to impact analysis, project descriptions, and...more
Extended producer responsibility (EPR) laws impose liability on producers for the lifecycle of their products. EPR laws are found worldwide, particularly in Europe and Canada, but are becoming more prevalent at the state...more
An environmental impact report need not discuss impacts that are too speculative in nature for proper evaluation or assess economic costs not linked to a physical change in the environment. County of Butte v. Dept. of Water...more
7/17/2023
/ Administrative Record ,
California ,
CEQA ,
Climate Change ,
Environmental Impact Report (EIR) ,
Environmental Litigation ,
Environmental Policies ,
OEHHA ,
State and Local Government ,
State Water Project ,
Water
The Court of Appeal upheld the City’s determination that compensatory mitigation for the loss of a historic building in the form of funding of other historic preservation was not feasible because there were no other buildings...more
The First District Court of Appeal held that a single deed conveying four or fewer contiguous lots can qualify for a presumption of legality under section 66412.6(a) of the Subdivision Map Act so long as the lots are...more
Contribution claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are not barred by prior environmental litigation if the property at issue and types of claims brought are...more
A local organization appealed the denial of its challenge to the approval of an affordable housing project and disputed the trial court’s order requiring it to post a bond. The Court of Appeal rejected plaintiff’s contentions...more
4/3/2023
/ Affordable Housing ,
Appeals ,
Appellate Courts ,
Cal Code of Civil Procedure ,
CEQA ,
Construction Project ,
Delay Claims ,
Housing Market ,
Land Developers ,
Multi-Family Development ,
Real Estate Development ,
State and Local Government
A trial court had jurisdiction to find that a denial of a permit application violated the Housing Accountability Act (HAA) on remand, even though the Court of Appeal did not expressly instruct the trial court to address the...more
For the first time and after much anticipation, the U.S. Environmental Protection Agency (EPA) proposed National Primary Drinking Water Regulations for key “forever chemicals.” The proposed rule would establish near-zero...more
In a notable decision interpreting the California Endangered Species Act (CESA), a California court of appeal ruled that insects are eligible for listing as threatened, endangered, or candidate species under the act. See...more
The Court of Appeal held that absent a distinction between short- and long-term rentals, both are permitted under city zoning ordinances, and any ban on short-term rentals that changes the status quo is an amendment that...more
5/10/2022
/ Appeals ,
California ,
California Coastal Commission ,
Coastal Real Estate ,
Dismissals ,
Local Ordinance ,
Motion To Enjoin ,
Petition for Writ of Mandate ,
Property Owners ,
Rental Property ,
Short-Term Lease ,
State and Local Government ,
Vacation Rentals ,
Zoning Laws
The Bureau of Ocean Energy Management (BOEM) released its final sale notice (FSN) for two lease areas totaling 110,091 acres in the Carolina Long Bay Area on March 25, 2022. The auction for these lease areas will be held...more
The Court of Appeal found that a development project that was consistent with a previously approved specific plan was not required to prepare a new EIR because no changes significantly increased impacts on endangered species....more
Courts may deny permissive intervention if there are already multiple parties in the case and the intervenor’s interests will be adequately represented by other parties. South Coast Air Quality Management District v. City of...more
The U.S. Supreme Court held that property owners do not have to comply with state administrative processes to obtain a final decision before bringing a takings claim under 42 U.S.C. § 1983 when the government’s position is...more
A California Court of Appeal held that the Coastal Commission and the Department of Housing and Community Development have concurrent jurisdiction over mobilehomes located in the coastal zone and that proper notice of a...more
The Ninth Circuit held that a private nonprofit club that leased city property was not a state actor that could be held liable for constitutional claims under 42 U.S.C. § 1983. Pasadena Republican Club v. Western Justice...more