In response to the coronavirus (COVID-19) pandemic, many states and cities have issued their own “stay-at-home” orders, each with its own list of “essential” businesses and operations allowed to continue. These lists...more
Despite well-reasoned requests for depublication made by the City of Los Angeles, the California Building Industry Association (CBIA), the California State Association of Counties (CSAC) and the League of California Cities...more
On June 13, 2019, Commissioner Katie Dykes announced the Department of Energy & Environmental Protection’s top 16 initiatives during her keynote address at the Connecticut Business & Industry Association’s annual Energy and...more
A fundamental precept of American law is the authority of the government, in the exercise of the police power for the protection of the health, safety, and welfare of the public, to regulate the conduct of individuals in the...more
On May 26, 2016, the California Building Industry Association successful obtained a temporary restraining order from the Sacramento Superior Court preventing the State Allocation Board—and all others acting in concert with...more
In a published decision, following the Supreme Court’s decision in California Building Industry Association v. Bay Area Air Quality Management District (2015) 62 Cal.4th 369, the First District Court of Appeal upheld...more
In a published decision filed August 12, 2016, following remand from the California Supreme Court after its landmark “CEQA-in-reverse” decision, the First District Court of Appeal reversed the trial court’s judgment and...more
The California Building Industry Association obtained a critical temporary restraining order against the State Allocation Board in connection with the Board’s 6-4 vote on May 25, 2016 finding, for the first time, that state...more
February 29, 2016 was a notable leap year day for the United States Supreme Court. To the surprise of most in the courtroom that day, Justice Clarence Thomas asked his first question from the bench in more than 10 years. The...more
Residential Communities: Calderon Process for HOAs Likely to Be Extended Again - The California Assembly Committee on Judiciary in early April unanimously passed Assembly Bill (AB) 1963 to extend the pre-litigation...more
In the last month, the U.S. Supreme Court has declined to hear appeals on two eminent domain-related cases. The first case, California Building Industry Association v. City of San Jose, is one we discussed last year....more
On February 29, the US Supreme Court denied certiorari in California Building Industry Association v. City of San Jose, 61 Cal. 4th 435 (2015), and leaves standing a unanimous decision by the California Supreme Court...more
On February 29, 2016, the Supreme Court of the United States denied the California Building Industry’s petition for writ of certiorari seeking review of the decision of the California Supreme Court in California Building...more
The California Supreme Court recently issued two important decisions involving the interpretation of the California Environmental Quality Act (CEQA). The first finds that agencies generally are not required to evaluate the...more
Cranes, cement trucks, and street closures seem to be everywhere these days, especially in city centers such as San Francisco and Los Angeles. After the meltdown of 2006, real estate development went into hibernation for...more
After three years of a historic drought, Californians are now subject to mandatory water rationing, bans on washing cars, and water “only on request” at restaurants. In 2015, California saw a number of new laws, regulations...more
CEQA Does Not Require Agencies to Consider the Impact of Existing Conditions on Future Project Users — Except in Certain Circumstances - Under what circumstances, if any, does the California Environmental Quality Act...more
It’s not quite Star Wars, but in the world of land use, this counts as a blockbuster. The California Supreme Court has decided unanimously that the California Environmental Quality Act (CEQA) generally does not require...more
A unanimous California Supreme Court has held that the California Environmental Quality Act (CEQA) generally does not require an analysis of how existing environmental conditions will impact a project’s future users or...more
In California Building Industry Association v. Bay Area Air Quality Management District (December 17, 2015) (Case No. S213478) (CBIA v. BAAQMD), the California Supreme Court rejected a requirement for so-called “reverse CEQA”...more
Environmental and Policy Focus - California Supreme Court rejects mandatory "reverse CEQA" analysis Allen Matkins - Dec 18 - The California Supreme Court issued its long awaited opinion yesterday in California...more
Over the last 15 years, California’s population has grown by approximately 5 million people—the same number filling the entire state of Colorado. This influx has created a housing shortage that the California market has...more
The California Supreme Court issued its long awaited opinion on December 17, 2015, in California Building Industry Association v. Bay Area Air Quality Management District (CBIA v. BAAQMD), commonly referred to as the "Reverse...more
On December 17, 2015, a unanimous California Supreme Court reaffirmed that environmental analysis under the California Environmental Quality Act (CEQA) should be concerned with a project's impact on the environment, not the...more
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