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
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
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