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A court challenge to a local agency’s decision to grant a coastal development permit becomes moot when the Coastal Commission accepts an appeal of the decision, the California court of appeal ruled in Fudge v. City of Laguna...more
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
Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more
Municipalities will have greater protection against land-use litigation after the California Supreme Court’s unanimous ruling last month that property owners who proceed with permitted development projects will forfeit the...more
Welcome to CEQA News You Can Use, a quarterly publication of Brownstein Hyatt Farber Schreck Natural Resources lawyers. This publication is intended to provide quick, useful bites of CEQA news that we hope can be a resource...more
Barbara Lynch et al. v. California Coastal Commission, Case No. S221980 - The California Supreme Court has drawn a deeper line in the sand by (a) refusing to expand the Mitigation Fee Act to cover “land use restrictions”...more
On July 2, 2017, the California Supreme Court issued its opinion in Lynch v. California Coastal Commission, __ Cal.5th __ (Case No. S221980), holding that the owners of two coastal bluff properties in Encinitas forfeited...more
The California Supreme Court ruled on Thursday in Lynch v. California Coastal Commission that two homeowners who obtained a coastal development permit (CDP) from the California Coastal Commission (Commission) to construct a...more
In Lynch v. California Coastal Comm'n, __ Cal.5th __, No. S221980, 2017 WL 2871762, 2017 Cal. LEXIS 5054 (Cal. July 6, 2017), the Supreme Court of California held that the owners of bluff-top residences along the California...more
A property owner who obtains a development permit will forfeit his right to challenge conditions imposed on that permit by proceeding with the development, the California Supreme said Thursday. ...more
Lynch v. California Coastal Commission (July 6, 2017, Case No. S221980) - Why It Matters: Can a landowner accept the benefits of a permit while simultaneously rejecting the burdens of that very same permit? The California...more
Environmental and Policy Focus - California Supreme Court upholds restrictions on Encinitas seawall - San Diego Union-Tribune - Jul 6 - The California Supreme Court dealt a blow Thursday to two coastal property...more
On July 6, the California Supreme Court issued its highly anticipated decision in Lynch v. California Coastal Commission (case no. S221980). In this case, coastal homeowners alleged that, in issuing a permit to construct a...more
On May 3–4, 2017, the California Supreme Court heard oral arguments in three cases with significant implications for California land use law. Below we summarize the main issue(s) argued in each matter and possible outcomes....more
In Banning Ranch Conservancy v. City of Newport Beach, et al., the Supreme Court of California held that lead agencies need to expressly disclose and consider the jurisdictional claims and regulatory opinions of responsible...more
Okay, maybe slightly longer than 60 seconds. The point being, though, that CEQA case updates really should not read like law school case briefs. Long discussion of the lower court’s findings? No thank you. ...more
The California Supreme Court’s recent decision in Banning Ranch Conservancy v. City of Newport Beach, ___ Cal. 4th ___ (2017) (Case No. S227473, Mar. 30, 2017) serves as a cautionary reminder that–as stated by the Court...more
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
Environmental and Policy Focus - Governor Brown and lawmakers reach deal for California climate funds - San Diego Union-Tribune - Aug 31 - California lawmakers on Wednesday approved a $900 million spending...more
Environmental and Policy Focus - Lawmakers and Governor Brown claim major victory on climate change bills - Sacramento Bee - Aug 24 - California lawmakers on Wednesday advanced a pair of bills to sustain the...more