Last week the Office of the Attorney General demonstrated the State of California’s unwillingness to cede its enforcement of state housing laws even in the face of defiance from local governments. On April 10, in People of...more
As of January 31st, the deadline for many Bay Area cities and counties to adopt legally compliant Housing Elements now has passed, and many jurisdictions remain without certifications from the California Department of Housing...more
2/2/2023
/ California ,
City Planning Departments ,
Construction Project ,
Entitlements ,
Land Developers ,
Local Ordinance ,
New Legislation ,
New Rules ,
Property Owners ,
State and Local Government ,
Urban Planning & Development
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
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
United States of America v. Osage Wind, LLC et al., 871 F.3d 1078 2017 WL 4109940 (10th Cir. Sept. 18, 2017). Causing heartburn for project applicants developing on tribal land, the Tenth Circuit reversed the District Court...more
3/2/2018
/ Code of Federal Regulations (CFR) ,
Department of the Interior ,
Excavation ,
Land Developers ,
Mineral Extraction ,
Mineral Leases ,
Mining ,
Native American Issues ,
Permits ,
Secretary of the Interior ,
Summary Judgment ,
Tribal Lands ,
Wind Farm ,
Wind Power