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CA Supreme Court California Environmental Quality Act Construction Project

Downey Brand LLP

California Supreme Court Reverses First District Court of Appeal’s Decision in UC Berkeley People’s Park Student Housing Case

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The California Supreme Court, on June 6, 2024, reversed the First District Court of Appeal’s decision regarding UC Berkeley’s Long Range Development Plan (LRDP) EIR. The Supreme Court’s unanimous decision clears the way for...more

Alston & Bird

Land Use Matters: January 2021

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We are pleased to once again present Land Use Matters, our publication that provides updates on new CEQA court decisions as well as planning developments for the City of Los Angeles and the County of Los Angeles. We realize...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Courts Holds Categorical Classification of Well Permits As Exclusively “Ministerial” Does Not Hold Water

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

Best Best & Krieger LLP

California Supreme Court Clarifies Ministerial vs. Discretionary Actions Under CEQA for Well Construction Permits

Decision in Protecting Our Water and Environmental Resources v. County of Stanislaus Case - In a long-awaited decision, the California Supreme Court addressed the circumstances under which a public agency may characterize...more

Perkins Coie

CEQA Year in Review 2019

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The year 2019 saw several trailblazing opinions, indicating that courts continue to grapple with some of CEQA’s core policies. The...more

Buchalter

California Courts Close Loopholes in Definition of “Project” Under CEQA

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During the week of August 19, 2019, both the Appellate and Supreme Courts of California issued decisive opinions clarifying the parameters of agency action subject to environmental review under the California Environmental...more

Sheppard Mullin Richter & Hampton LLP

EIR for Downtown San Francisco Mixed-Use Project Upheld Under Supreme Court’s Newly Articulated Standard of Review

The belatedly published South of Market Community Action Network v. City and County of San Francisco (2019) ___ Cal.App.5th ___ (“South of Market”), is the first published decision in which the court applies the principles...more

Alston & Bird

Land Use Matters - February 2019

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Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. ...more

Beveridge & Diamond PC

California Supreme Court Finds Fresno County EIR Deficient

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A recent California Supreme Court decision reminds project proponents and lead agencies of the need for substantive analysis in an Environmental Impact Report (EIR). On Christmas Eve 2018, the California Supreme Court...more

Latham & Watkins LLP

California Supreme Court Clarifies Standard of Review for EIRs and Requirements for Air Quality Impact Analyses

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CEQA Case Report: Understanding the Judicial Landscape for Development - In a published opinion issued December 24, 2018, Sierra Club v. County of Fresno, Case No. S219783, the California Supreme Court determined that an...more

Alston & Bird

Land Use Matters: Alston & Bird LLP, September 2018

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Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. ...more

Perkins Coie

CEQA Year In Review 2017

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - In 2017, the California Supreme Court issued two decisions involving highly controversial questions of first impression. In the...more

Miller Starr Regalia

California Supreme Court Denies Review in Expedited CEQA Litigation over Golden State Warriors Arena Project Approval

Miller Starr Regalia on

On January 17, 2017, the California Supreme Court denied the losing appellants’ petition for writ of supersedeas, stay request, and petition for review of the First District Court of Appeal’s decision in Mission Bay Alliance...more

Best Best & Krieger LLP

Evaluating a Project’s “Exacerbation” on Existing Environmental Hazards

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Substantial Evidence Proving “Exacerbation” Required, California Appellate Court Says - A significant decision interpreting the scope of the California Supreme Court’s ruling in California Building Industry Association...more

Pillsbury Winthrop Shaw Pittman LLP

California Supreme Court Sets New Deferential Standard for Supplemental CEQA Review

In Friends of the College of San Mateo Gardens v. San Mateo Community College District, No. S214061 (Cal. September 19, 2016), the California Supreme Court rejected the “new project” test for determining whether a changed...more

Perkins Coie

Courts Must Defer to Agency Determination on Whether a Changed Project is a New Project

Perkins Coie on

In Friends of the College of San Mateo Gardens v. San Mateo County Community College District (Supreme Court No. S214061, filed Sept. 19, 2016), the California Supreme Court resolved the vexing question of whether a change to...more

Snell & Wilmer

My Project Changed—Is My EIR Still Valid: A New California Supreme Court Case Provides Guidance

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Change is inevitable. Many times between project approval and project construction fluctuations in market conditions, financing terms or other factors mandate project changes. Do the changes require a further or modified...more

Latham & Watkins LLP

California Supreme Court Addresses Subsequent Review Under CEQA; Rejects Lishman “New Project” Test

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In an opinion by Justice Kruger, the Supreme Court of California unanimously reversed the Court of Appeal in Friends of the College of San Mateo Gardens v. San Mateo County Community College District, Cal. Supreme Court, Case...more

Latham & Watkins LLP

California Supreme Court Hears Oral Argument in Case Challenging 2010 Bay Area Air Quality Management District Air Quality...

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On October 7, 2015, the California Supreme Court heard oral argument in California Building Industry Association v. Bay Area Air Quality Management District (Supreme Court Case No. S213478), a case which calls into question...more

Beveridge & Diamond PC

CEQA’s Mitigation Requirement: No Public v. Private Distinction

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The California State University Board of Trustees (CSU) understandably takes the position that in this era of tightening budgets, its funds should only be used for education related improvements. ...more

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