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Location Exception to CEQA’s Categorical Exemptions Applies Only to Designated Environmental Resources Affected by The Project

The location exception to CEQA’s categorical exemptions does not apply to earthquake and landslide hazard zones, as they are not “environmental resources” that would be affected by a project. Berkeley Hills Watershed...more

Petitioner’s Unreasonable Delay in Preparing the Record in a CEQA Case Justifies Award of Costs to Agency

Where a petitioner in a CEQA case has elected to prepare the administrative record but unreasonably delays such preparation, the defendant agency may be awarded costs for preparing the record.  LandWatch San Luis Obispo Co....more

Ban on Short-Term Home Rentals Is a “Development” Subject to the Coastal Act

Underlining the broad and expansive definition of “development” under the California Coastal Act, the Second Appellate District ruled that a coastal homeowners’ association’s ban on short-term rentals is considered...more

Applicant Challenging Denial of Use Permit Must Prove It Is Legally Entitled to Permit

In an unsurprising decision, the Second District Court of Appeal upheld Ventura County’s decision to a deny a use permit that would allow tigers to be kept on property located within a half-mile of a residential area. Hauser...more

Attorneys’ Fees Can Be Awarded to CEQA Litigants Hoping to Preserve Their Home Values

Successful petitioners under CEQA who are motivated to file suit, in part, by their private financial interests are not necessarily ineligible for an award of attorneys’ fees under the public interest fee statute. Heron Bay...more

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