In late June, California’s Fourth District Court of Appeal upheld a Superior Court decision in Save Our Access v. City of San Diego, providing clarity for determining when a “later activity” is beyond the scope of an existing...more
In Citizens’ Committee to Complete the Refuge et al. v. City of Newark et al., the First District Court of Appeal (Div. 4) found the California Environmental Quality Act did not require subsequent or supplemental...more
In Alliance for Responsible Planning v. Taylor, the Third District Court of Appeal recently struck down a voter initiative requiring a developer to fund all cumulative traffic mitigation as a condition precedent to project...more
After a nearly two-year wait, in Protecting Our Water and Environmental Resources v. County of Stanislaus (2020) __ Cal.5th ____ (POWER), the California Supreme Court unanimously rejected the County of Stanislaus’s (County)...more
In Granny Purps v. County of Santa Cruz, the Sixth District Court of Appeal green-lit a medical cannabis cultivator’s ability to pursue damages – to the tune of potentially $3.5M – from the County of Santa Cruz when it...more
In the belatedly-published Environmental Council of Sacramento, et al. v. County of Sacramento (Cordova Hills, LLC, et al. – Real Parties-in-Interest) (2020) ____ Cal.App.5th ____,the Third District Court of Appeal affirmed...more
This Fall, the California Coastal Commission (“Commission”) was handed down two significant victories, further cementing its authority and jurisdiction within California coastal zones. These cases demonstrate that, in certain...more
11/15/2019
/ Appeals ,
California Coastal Commission ,
CEQA ,
Coastal Real Estate ,
Dismissals ,
Encroachments ,
Environmental Impact Report (EIR) ,
Equitable Tolling ,
Fifth Amendment ,
Good Faith ,
Homeowners ,
Hotels ,
Land Developers ,
Petition for Writ of Mandate ,
Private Property ,
Property Owners ,
Public Access Laws ,
Public Property ,
Public Use ,
Standard of Review ,
Statute of Limitations ,
Substantial Evidence ,
Takings Clause ,
Time-Barred Claims
In Sacramentans for Fair Planning v. City of Sacramento (2019) ___ Cal.App. 5th ___, the Third District Court of Appeal upheld the City of Sacramento’s use of a sustainable communities environmental assessment (“SCEA”)...more
8/5/2019
/ Appeals ,
CEQA ,
Construction Project ,
Due Process ,
Environmental Assessments ,
Environmental Impact Report (EIR) ,
Equal Protection ,
Greenhouse Gas Emissions ,
Land Developers ,
Sustainable Communities Strategy ,
Zoning Laws
In Fudge v. City of Laguna (G055711), published on February 13, 2019, the Fourth District Court of Appeal joined the First and Sixth Districts by reaffirming the need for a litigant to wait for the California Coastal...more
3/14/2019
/ Administrative Remedies ,
Appeals ,
Building Permits ,
CA Supreme Court ,
California Coastal Commission ,
CEQA ,
Coastal Real Estate ,
De Novo Standard of Review ,
Environmental Impact Report (EIR) ,
Exhaustion Doctrine ,
Real Estate Development
TDY Holdings v. United States, et al., 872 F.3d 1004 (9th Cir. 2017) -
TDY brought suit for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the U.S. government...more
4/30/2018
/ Appeals ,
CERCLA ,
Chemicals ,
Clean-Up Costs ,
Contamination ,
Cost Allocation ,
Environmental Claims ,
Federal Contractors ,
Governmental Liability ,
Hazardous Substances ,
Manufacturing Facilities ,
Military Contracts
In Save Our Uniquely Rural Community Environment v. County of San Bernardino, __ Cal.App.4th ___, 2015 WL 1259781 (4th Dist., Div. 2, 2015) (SOURCE) , the Fourth District Court of Appeal affirmed the trial court’s decision...more