News & Analysis as of

California California Environmental Quality Act

Perkins Coie

CEQA Statute of Limitations Not Triggered by Planning Commission NOD While Appeal to Board of Supervisors Was Pending

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A Court of Appeal held that the CEQA statute of limitations period does not begin to run after the filing of an initial notice of determination if the project is appealed. Central for Biological Diversity v. County of San...more

Miller Starr Regalia

First District Holds CEQA Class 1 Categorical Exemption Applies To Approval of Project Converting Existing Oil Well Into...

Miller Starr Regalia on

In a published decision filed September 6, 2024, the First District Court of Appeal (Div. 5) reversed the trial court’s judgment granting a writ of mandate and upheld the use of CEQA’s Class 1 categorical exemption (CEQA...more

Miller Starr Regalia

Second District Rejects CEQA Challenges To LA City Planning Commission’s EIR Certification and Categorical Exemption Determination...

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In an opinion filed on July 24, and later ordered published on August 19, 2024, the Second District Court of Appeal (Div. 4) affirmed the trial court’s judgment denying a writ petition challenging actions taken by the Los...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - August 2024 - Volume 9, Issue 2

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to...more

Allen Matkins

Sustainable Development and Land Use Update - 8.29.24

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Governor Gavin Newsom on Tuesday signed two new bills that aim to boost housing supply and further address the state’s homelessness crisis....more

Allen Matkins

Sustainable Development and Land Use Update 8.12.24

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On June 27, 2024, the California First District Court of Appeal affirmed the denial of a writ petition challenging the City of Lafayette’s determination that a 12-unit residential condominium building qualified for the Class...more

Alston & Bird

Land Use Matters August 2024 – CEQA Appellate Decisions & Other Legal Developments

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City of Los Angeles - Increase to Planning Applications and Affordable Housing Linkage Fees - On July 1, 2024, the fee for planning and land use applications increased by 3.5% based on the Consumer Price Index for All Urban...more

Allen Matkins

California Court of Appeal Clarifies What Constitutes a “Rare” Species Under CEQA

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On June 27, 2024, the California First District Court of Appeal affirmed the denial of a writ petition challenging the City of Lafayette’s (City) determination that a 12-unit residential condominium building qualified for the...more

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

Sheppard Mullin Richter & Hampton LLP

Big Streamlining for Small Subdivision Developers

To address the housing crisis in California, Senate Bill 684 (SB 684), passed in 2023 but effective as of July 1, 2024, aims to simplify the approval process for small-scale for-sale housing projects, facilitate a quicker...more

Perkins Coie

California Supreme Court Upholds EIR for UC Berkeley Housing Development

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The California Supreme Court held that under newly enacted Assembly Bill 1307, the environmental impact report prepared for UC Berkeley housing and longer-term development was not inadequate for failing to consider social...more

Perkins Coie

EIR for State Water Project Contract Amendments Upheld

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The Third District Court of Appeal upheld the Department of Water Resources’ EIR concerning State Water Project contract amendments against multiple CEQA challenges related to impact analysis, project descriptions, and...more

Miller Starr Regalia

Budget Trailer Bill SB 174 Exempts State Capitol Renovation Project From CEQA, Extends Existing Statutory Exemption for...

Miller Starr Regalia on

California Senate Bill No. 174 (SB 174), a budget trailer bill that was passed by the Assembly with amendments on June 26, received Senate concurrence on the amendments the same day, and was enrolled and presented to the...more

Allen Matkins

New California Assembly Committee Aims to Reduce Permitting Obstacles for Housing and Climate Projects

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The Assembly Select Committee on Permitting Reform held its first hearing on June 18, 2024, commencing its efforts to address California’s housing and climate crises by reforming the state’s land use permitting regime....more

Coblentz Patch Duffy & Bass

California Supreme Court Upholds UC Berkeley’s Long Range Development Plan and People’s Park Housing Project Approvals

The California Supreme Court recently upheld the Environmental Impact Report (“EIR”) for the Long Range Development Plan (“LRDP”) for the University of California Berkeley (“UC Berkeley”) and a controversial housing project...more

Meyers Nave

CA Supreme Court Holds CEQA Does Not Cover Social Noise from Residential Projects, Clearing Way for UC Berkeley’s Housing Project...

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So-called “social noise”—i.e., noise created by human voices—is not an environmental impact required by the California Environmental Quality Act (“CEQA”) to be analyzed for residential projects, the California Supreme Court...more

Greenberg Glusker LLP

Yolo County Ruling: First CEQA Process Streamlined Under SB 149

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California took a significant step in streamlining the California Environmental Quality Act (CEQA) process with the passage of SB 149, a law that allows the California Governor to certify certain infrastructure projects for...more

Allen Matkins

California Environmental Law & Policy Update 6.07.24

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Plans to build the largest new reservoir in California in 50 years have taken a significant step forward following a judge’s decision last Friday to dismiss a lawsuit filed by environmental groups challenging the adequacy of...more

Perkins Coie

Court Must Determine Revised EIR Is Adequate Before Discharging Writ Overturning Prior EIR

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An appellate court interpreted a writ that ordered an agency to vacate certification of an EIR in part and file a final return to the writ “upon certification of a revised EIR” to require an assessment of the adequacy of the...more

Allen Matkins

CEQA Reform on the Horizon?

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On May 8th, 2024, the Little Hoover Commission released its much-anticipated report, “CEQA: Targeted Reform for California’s Core Environmental Law” putting forth recommendations to improve the functioning of the California...more

Allen Matkins

Sustainable Development and Land Use Update 5.28.24

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Various state housing bills are currently making their way through the State Legislature that are expected to benefit mixed-income multifamily housing developers. AB 2243 would amend AB 2011. AB 1893 and AB 1886 would amend...more

Allen Matkins

California Water Board Adopts Direct Potable Reuse Regulations to Increase Water Supply - 2024 Land Use, Environmental & Natural...

Allen Matkins on

California Governor Gavin Newsom’s recent executive order, calling on state agencies to create a comprehensive Water Resilience Portfolio, has set goals for recycling at least 800,000 acre-feet of water per year by 2030 and...more

Allen Matkins

Changes to the California Environmental Quality Act Enacted in 2023 - 2024 Land Use, Environmental & Natural Resources Update

Allen Matkins on

This article summarizes some of the most significant amendments to the California Environmental Quality Act (CEQA) that were enacted in 2023. Some housing laws that relate to CEQA are discussed in the article, “Recently...more

Allen Matkins

New State Laws to Facilitate Infrastructure Project Development - 2024 Land Use, Environmental & Natural Resources Update

Allen Matkins on

Two laws enacted in 2023 as part of Governor Gavin Newsom’s infrastructure streamlining package are intended to facilitate development of certain energy, water resources, transportation, semiconductor manufacturing, and other...more

Allen Matkins

Recently Effective & Pending State Housing Laws - 2024 Land Use, Environmental & Natural Resources Update

Allen Matkins on

Various state housing bills are currently making their way through the State Legislature that are expected to benefit mixed-income multifamily housing developers. The following summaries reflect the status of the legislation...more

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