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US Supreme Court Decision Invites Scrutiny of Legislatively Imposed Impact Fees

The unanimous opinion holds that development impact fees established through the legislative process are subject to constitutional scrutiny as potential regulatory takings. The Takings Clause of the Fifth Amendment to the...more

Los Angeles City Council Dramatically Expands Permanent Renter Protections

A countywide eviction moratorium is also extended until March 31, 2023. The Los Angeles City Council recently passed a package of ordinances aimed at providing residential tenants in Los Angeles (the City) with permanent...more

Webcast: 2021 CEQA Year in Review - CEQA’s Effects on Development in California

We analyze the key CEQA cases from 2021 and their effects on development in California this year and beyond. Every year, we publish a comprehensive summary of California Environmental Quality Act (CEQA) judicial opinions and...more

CEQA Case Report: 2020 Year in Review

CEQA Case Report: Understanding the Judicial Landscape for Development - Public agencies prevailed in 68% of CEQA cases analyzed. Latham & Watkins is pleased to present its fourth annual CEQA Case Report. Throughout...more

California Court of Appeal Rejects City’s MND in Historic District Due to Aesthetic and Traffic Impacts

CEQA Case Report: Understanding the Judicial Landscape for Development - In an opinion published on August 9, 2018, Protect Niles v. City of Fremont, Case No. A151645, the First Appellate District of the California Court...more

California Court of Appeal Approves Environmental Analysis for Oil Refinery Propane Recovery Project

Rodeo Citzens Ass’n v. County of Contra Costa, California Court of Appeal, First Appellate District, Division Three, Case No. A151184 (March 20, 2018). CEQA Case Report: Understanding the Judicial Landscape for Development...more

Proposed CEQA Guidelines Amendments Proceed Through Rulemaking Process

Proposed changes include shifting the methodology for studying projects’ potential traffic impacts and clarifying the terms for deferred mitigation measures. The California Natural Resources Agency (the Agency) has given...more

California Supreme Court: CEQA Requires Study of Potential Impacts to ESHA

Lead agencies cannot ignore the Coastal Act’s ESHA requirements in CEQA documents and defer analysis for later Coastal Commission review. Key Points: ..CEQA requires an EIR to identify potential environmentally...more

California Supreme Court: Government Communications on Private Accounts Are Public

Recent decision points to the original intent of the California Public Records Act in the evolving debate over government transparency. Key Points: ..California Supreme Court rules that emails and text messages sent...more

Environmental Protection Agency Adopts National Limits on Formaldehyde Exposure for Composite Wood Products

On December 12, 2016, EPA published the final Formaldehyde Standards For Composite Wood Products Rule (the Rule) in the Federal Register. The compliance date for most aspects of the Rule is December 12, 2017, with a...more

California Coastal Commission Further Solidifies Enforcement Powers

An informal Attorney General advice letter and recent legislation attempt to clarify the Coastal Commission’s powers in carrying out its enforcement authority. The extent of the California Coastal Commission’s legal...more

8/25/2014

Proposition 65 "Reform": Consumer Protection or Litigation Stimulation?

Proposed new regulations may have unintended consequences. Despite the California governor’s call for meaningful Proposition 65 reform and a reduction in frivolous enforcement lawsuits, the California Office of...more

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