News & Analysis as of

California Environmental Quality Act

Brownstein Hyatt Farber Schreck

Climate Mitigation, State Policy and Science “Stayed” in San Diego Court Ruling

On Sept. 14, 2018, the San Diego County Superior Court issued a stay/preliminary injunction preventing any San Diego County (“County”) project requiring an amendment to the County’s General Plan from relying on greenhouse gas...more

Miller Starr Regalia

Fourth District Holds San Diego County’s Threshold of Significance for Evaluating GHG Impacts Violates CEQA And Prior Writ

by Miller Starr Regalia on

In a published opinion filed in consolidated appeals on September 28, 2018, the Fourth District Court of Appeal (Div. 1) affirmed the trial court’s judgment invalidating San Diego County’s adoption of a 2016 Guidance Document...more

Holland & Knight LLP

California's 2019 Housing Laws: What You Need to Know - Another Wave of New Laws Shifts Housing Processing at the Local Government...

by Holland & Knight LLP on

• After the California Legislature passed a high-profile package of 15 new housing laws in 2017, it has continued to focus on housing laws in 2018 to address the state's epic housing shortage. • As Gov. Jerry Brown winds...more

Sheppard Mullin Richter & Hampton LLP

California Housing Legislation (2017-2018)

State lawmakers passed over 1,200 bills this year, the most in more than a decade according to sources. Governor Brown signed 1,016 into law as of September 30th. Below is a summary of the bills signed into law regulating the...more

Miller Starr Regalia

Fourth District Holds CEQA Challenge To Ministerial Approval Of Development Project Modifications Barred By Res Judicata, Water...

by Miller Starr Regalia on

“Birds of a feather flock together.” — Proverb - The Fourth District Court of Appeal (Div. 2) affirmed a judgment entered after the sustaining of a demurrer without leave, holding that a mandate action brought by The...more

Miller Starr Regalia

Fourth District Holds City Violated CEQA By Refusing To Recognize Exemption For Single Family Residence Project And Attempting To...

by Miller Starr Regalia on

In a published opinion filed September 18, 2018, the Fourth District Court of Appeal (Div. 1) affirmed a judgment granting a writ setting aside the City of San Diego’s (City) decision to subject a coastal development permit...more

Miller Starr Regalia

City’s Mishandling of CEQA and Resulting Construction Delay Does Not Create Takings Liability

by Miller Starr Regalia on

In 2005, in Lingle v. Chevron U.S.A. Inc., the U.S. Supreme Court unanimously overruled the first prong of a regulatory takings test established 25 years earlier, in Agins v. City of Tiburon. ...more

Manatt, Phelps & Phillips, LLP

CEQA Reform—Relief on Aesthetics? ‘I just don’t see it’

Protect Niles v. City of Fremont (July 16, 2018) 25 Cal.App.4th 1129 A.B. 2341 (Mathis) [Approved by Governor Sept. 7, 2018] - Why it matters: Just as the Court of Appeal inked and agreed to publish what many fear is a...more

Perkins Coie

Negative Declaration Survives Challenge Based on Non-Expert Opinion About Noise Impacts

by Perkins Coie on

Claims of significant noise impact unsupported by expert opinion, fact, or reasonable inference did not provide grounds for challenging a negative declaration, the court of appeal held in Jensen v. City of Santa Rosa, 23 Cal....more

Nossaman LLP

Improper CEQA Determination Does Not Trigger Regulatory Taking

by Nossaman LLP on

When a governmental agency improperly denies a permit application for a new development, and the proposed development is thereby delayed, does this result in a regulatory taking? ...more

Miller Starr Regalia

Arguing Impacts By Proxy: Fourth District Holds CEQA Does Not Require EIR Absent Evidence That Subdivision Approval Actually...

by Miller Starr Regalia on

In an opinion filed August 10, and later ordered published on September 7, 2018, the Fourth District Court of Appeal (Div. 2) affirmed a judgment denying Friends of Riverside’s Hills’ (FRH) writ petition challenging a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Railroad/Hazardous Materials Transportation: Federal Appellate Court Addresses Constitutional/Preemption Challenge to California...

The United States Court of Appeals for the Ninth Circuit (“Court”) addressed in a September 13th opinion a judicial challenge to California Senate Bill 84 (“SB 84”) which requires railroads to collect fees from customers...more

Latham & Watkins LLP

California Court of Appeal Overturns Specific Plan EIR for Inadequate Air Quality Impact Mitigation

by Latham & Watkins LLP on

CEQA Case Report: Understanding the Judicial Landscape for Development - In an unpublished opinion issued July 10, 2018, Sierra Club v. County of Kern, Case No. F071133, the California Court of Appeal reversed the trial...more

Miller Starr Regalia

More Mild Than Wild: Legislature Tinkers With Modestly Reforming Scope Of CEQA Analysis In Two New Laws

by Miller Starr Regalia on

On September 7, 2018, Governor Brown signed two bills amending CEQA in relatively minor ways that will become effective January 1, 2019. AB 2341 (Chapter 298) (Mathis) adds Public Resources Code § 21081.3 to provide that...more

Holland & Knight LLP

New Decisions Offer Important Guidance on California Ballot Box Planning - Rulings Help Reconcile Local Land Use Decisions with...

by Holland & Knight LLP on

• Two recent decisions by California courts offer important judicial guidance on the longstanding issue of reconciling local government land use decisions with the referendum and initiative powers reserved to the people by...more

Miller Starr Regalia

Second District Applies CEQA’s “Subsequent Review” Rules to Uphold EIR Addendum for Revised Target Superstore Project Including...

by Miller Starr Regalia on

In a lengthy published opinion filed August 23, 2018, the Second District Court of Appeal reversed the trial court’s judgment, and upheld the City of Los Angeles’ addendum to a prior project-level EIR for a Target Superstore...more

Alston & Bird

Land Use Matters: Alston & Bird LLP, September 2018

by Alston & Bird on

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. Please...more

Latham & Watkins LLP

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

by Latham & Watkins LLP on

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

Latham & Watkins LLP

California Court of Appeal Ruling Exempts Parking Requirements From CEQA Review

by Latham & Watkins LLP on

CEQA Case Report: Understanding the Judicial Landscape for Development - In a published opinion issued February 28, 2018, Covina Residents for Responsible Development v. City of Covina, Case No. B279590, the Court of...more

Latham & Watkins LLP

California Appeals Court: Petitioner Must Show Prejudice for Brown Act Violation

by Latham & Watkins LLP on

CEQA Case Report: Understanding the Judicial Landscape for Development - In an unpublished opinion issued January 31, 2018, Citizens for Open & Public Participation v. City of Montebello, Case No. B277060, the California...more

Latham & Watkins LLP

California Court of Appeal Determines State Law Preempts Local Ordinance Provisions in Specific Instances

by Latham & Watkins LLP on

CEQA Case Report: Understanding the Judicial Landscape for Development - In a partially published opinion issued April 4, 2018, Small Property Owners of San Francisco Institute v. City and County of San Francisco, Case...more

Best Best & Krieger LLP

Court Upholds Approval Of Superstore Zoning Ordinance - California Appellate Court Supports The Broad Use Of CEQA Addenda

by Best Best & Krieger LLP on

In a victory for public agencies, a California appellate court ruled that, when an agency has prepared an environmental impact report for a project under the California Environmental Quality Act that is relevant to a...more

Miller Starr Regalia

“Growing Pains”: First District Holds Program EIR for San Francisco’s General Plan Housing Element Amendment Complies with CEQA

by Miller Starr Regalia on

In a lengthy published opinion filed on August 22, 2018, the First District Court of Appeal (Div. 4) affirmed the trial court’s judgment rejecting various CEQA challenges to the City of San Francisco’s (“City”) Program EIR...more

Beveridge & Diamond PC

Changes To CEQA Guidelines Coming To a Project Near You

by Beveridge & Diamond PC on

On January 26, 2018, the California Natural Resources Agency (Resources Agency) released a Notice of Proposed Rulemaking for changes to the California Environmental Quality Act (CEQA) Guidelines. After holding public comment...more

Miller Starr Regalia

Context Matters: First District Holds CEQA Requires EIR, Not MND, To Analyze Mixed-Use Project’s Potentially Significant Aesthetic...

by Miller Starr Regalia on

In an opinion filed July 16, and belatedly ordered published on August 9, 2018, the First District Court of Appeal (Division 5) affirmed the trial court’s judgment setting aside the City of Fremont’s approvals of a mixed...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

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