Despite repeated attempts at reform by the Legislature, the California Environmental Quality Act (CEQA) continues to be a minefield for those assigned with the herculean task of complying with the law’s myriad of directives....more
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
On June 13, 2023, the Second Appellate District affirmed the City of Pomona’s use of a statutory exemption for its Commercial Cannabis Overlay Permit Program under California Environmental Quality Act (CEQA) Guidelines...more
7/13/2023
/ California ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
CEQA ,
Environmental Impact Report (EIR) ,
Environmental Litigation ,
Environmental Policies ,
Local Ordinance ,
Marijuana ,
Marijuana Related Businesses ,
State and Local Government ,
Urban Planning & Development ,
Zoning Laws
For many in the cannabis industry, April 1, 2022 is seen as a day of reckoning following the July 2021 passage of Assembly Bill 141 and Senate Bill 160 (collectively, the Cannabis Trailer Bill)...more
4/12/2022
/ Agribusiness ,
California ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
CEQA ,
Compliance ,
Licensing Rules ,
Marijuana ,
Marijuana Related Businesses ,
Regulatory Agenda ,
Regulatory Requirements ,
State and Local Government ,
State Legislatures
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
On September 16th, hot off the heels of surviving California’s latest recall effort, Governor Gavin Newsom signed legislation aimed at addressing the statewide housing crisis – a critical topic leading up to last week’s...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
On April 23, 2020, California Governor Gavin Newsom issued Executive Order N-54-20 (EO) which, in part, addresses an outstanding question related to the California Environmental Quality Act’s (CEQA) “public review”...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
Recent Cases - Land Use and Entitlements
The Second District Court of Appeal rejected a California Environmental Quality Act challenge to a mitigated negative declaration for a 24-room boutique hotel (the “Project”) in...more
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
The Governor’s Office of Planning and Research (“OPR”) has spent five years drafting a comprehensive update to 30 sections of the California Environmental Quality Act (“CEQA”) Guidelines. The updated text (“Final Text”)...more
1/8/2019
/ Affordable Housing ,
CEQA ,
Climate Change ,
Energy Sector ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Mitigation ,
Motor Vehicles ,
New Guidance ,
New Regulations ,
Office of Administrative Law ,
Office of Planning & Research (OPR) ,
Transportation Industry ,
Water Supplies
In July 2017, the California Supreme Court determined the federal Interstate Commerce Commission Termination Act of 1995 (49 U.S.C. § 10101 et seq.) (“ICCTA”) does not preempt the application of the California Environmental...more
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
Picayune Rancheria of Chukchansi Indians v. Brown, C074506 (9/24/2014) -
In a recent Third District Court of Appeal published opinion, the court in Picayune Rancheria of Chukchansi Indians v. Edmund G. Brown, Jr. (3rd....more