News & Analysis as of

California Environmental Quality Act

California’s Legislature Takes on the Housing Crisis, But is it Enough?

by Morrison & Foerster LLP on

At no time in recent history has the California Legislature passed more housing-related bills than it did late last month. On September 29, 2017, Governor Jerry Brown signed a package of 15 housing bills intended to bring...more

Unique, But Not Unusual: First District Affirms CEQA Exemptions and General Plan Consistency Finding For Three-Unit Infill Condo...

by Miller Starr Regalia on

While “agree[ing] with appellant that Telegraph Hill is outstanding and unique in a city of outstanding and unique places[,]” the First District Court of Appeal nonetheless affirmed the trial court’s order denying...more

The Governor’s Housing Package - Affordable Housing Production in California Gets a Boost from Sacramento

by Best Best & Krieger LLP on

A package of 15 new housing bills will have far-reaching implications for every city in California. Collectively, these new laws are meant to significantly boost affordable housing production by removing local land use...more

Governor Brown Signs Major Housing Package Into Law

by Coblentz Patch Duffy & Bass on

On September 29, 2017, Governor Brown signed into law a 15-bill housing package. The housing package did not include AB 915, which would have authorized the City and County of San Francisco to impose local inclusionary...more

Governor Brown Vetoes Flawed AB 890, Signals Preference for More Comprehensive CEQA Reform

by Miller Starr Regalia on

On October 15, 2017, Governor Edmund G. Brown, Jr. sent a veto letter to California State Assembly Members, returning a controversial and flawed proposed land use bill – AB 890 – without his signature. Fortunately,...more

First District Rejects CEQA Challenges to SWRCB’s Revised Environmental Document and Approval of Northern California Coastal...

by Miller Starr Regalia on

In a published opinion filed September 28, 2017, the First District Court of Appeal affirmed the Alameda County Superior Court’s judgment denying appellant Living Rivers Council’s (LRC) writ petition challenging the State...more

California’s Countdown to Legal Cannabis: Facing Regulatory and Permitting Uncertainty

by Morrison & Foerster LLP on

As of January 1, 2018, it will be legal for adults in California to buy and sell cannabis for recreational purposes. That’s the simple version. But as is true for virtually every other “legal” enterprise in the state, the...more

Court Upholds San Francisco's CEQA Exemption for Telegraph Hill Project

by Holland & Knight LLP on

In Protect Telegraph Hill v. City and County of San Francisco (Sept. 14, 2017 Slip Opinion A148544, unpublished), the First District Court of Appeal upheld the City of San Francisco's determination that rehabilitation of a...more

New California Law Streamlines Local Approval Process for Affordable Housing Units

by Alston & Bird on

Our Land Use Team reviews new California laws that affect affordable housing programs and allow some projects to avoid California Environmental Quality Act review. Today, California Governor Jerry Brown signed a package of...more

Town vs. Gown - How Land Use and Environmental Laws Mediate Disputes Between Universities, Colleges and Communities

by Best Best & Krieger LLP on

There are more than 150 four-year colleges and universities currently operating in the State of California. From the University of California’s nine campuses, to the California State University’s 23 campuses, and the more...more

CEQA Compliance for Commercial Cannabis Business Licensing under MAUCRSA - Proposal Open to Comments

by Best Best & Krieger LLP on

The Bureau of Cannabis Control proposes to adopt a Negative Declaration related to its regulatory licensing and enforcement program for commercial cannabis distributors, retailers, testing laboratories, and microbusinesses...more

California Court of Appeal Rejects CEQA Challenge to Proposed Planned Parenthood Clinic

by Holland & Knight LLP on

• In Respect Life South San Francisco v. City of South San Francisco, California's First District Court of Appeal rejected petitioners' arguments that protests to a Planned Parenthood Clinic would cause significant...more

California Court of Appeal Reverses Trial Court Decision Denying PANNA’s Petition Challenging Approv

by Bergeson & Campbell, P.C. on

On September 19, 2017, California’s Court of Appeal for the First Appellate District reversed a trial court decision denying a petition by the Pesticide Action Network North America (PANNA) challenging the approval by the...more

First District Holds CEQA’s Substantive Requirements Apply to Environmental Documentation of State Agency Acting Under Certified...

by Miller Starr Regalia on

In a published opinion filed September 19, 2017, the First District Court of Appeal reversed the trial court’s denial of a writ petition challenging defendant California Department of Pesticide Regulation’s (“Department”)...more

First District Upholds CEQA Categorical Exemption for Approval of Planned Parenthood Clinic in City of South San Francisco,...

by Miller Starr Regalia on

When a lead agency finds a project approval to be categorically exempt from CEQA, this determination at the initial step of CEQA’s multi-tiered process necessarily includes an implied finding that no exceptions to the...more

The Opposite of CEQA Reform: Legally Flawed AB 890 Would Expand Opportunities for CEQA Litigation Abuse While Abridging...

by Miller Starr Regalia on

AB 890 (Medina – D), recently sent to Governor Brown for action by October 15, seeks to amend Government Code § 65867.5 and to add §§ 65363 and 65850.10 to prevent development agreements and certain types of land use planning...more

Legislature May Expedite CEQA Review for Transportation Projects Connected to 2028 Olympic Games - Bill Introduced in Advance of...

by Best Best & Krieger LLP on

In a move that could have significant implications for Los Angeles’ efforts to prepare for the 2028 Olympics, California lawmakers recently introduced key legislation that would expedite California Environmental Quality Act...more

California Environmental Law & Policy Update - September 2017 #2

by Allen Matkins on

Environmental and Policy Focus - Bill targeting Cadiz water transfer stalls in Senate committee - San Bernardino County Sun - Sep 1 - A bill designed to block the transfer of groundwater from the inland Southern...more

Land Use Matters, Alston & Bird LLP, September 2017

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

New Bill Aims to Streamline LA Olympics Transit Projects & Clippers Arena

by Nossaman LLP on

According to an article in the Los Angeles Times, California lawmakers pitch a break from a key environmental law to help L.A. Olympic Bid, Clippers Arena, California lawmakers introduced Senate Bill 789 last week in an...more

Interlocutory Remand Can Be Used to Supplement Agency Findings Prior to Judgment - California Court of Appeal Upholds Trial...

by Holland & Knight LLP on

• In Highway 68 Coalition v. County of Monterey, et al., California's Sixth District Court of Appeal endorses the trial court's use of interlocutory remand as a prejudgment tool to allow a lead agency to supplement deficient...more

Sixth District Holds Project’s Consistency with General Plan Is Not a CEQA Issue, Upholds Trial Court’s Interlocutory Remand for...

by Miller Starr Regalia on

In an opinion originally filed on July 31, and belatedly ordered partially published on August 24, 2017, the Sixth District Court of Appeal affirmed the trial court’s judgment denying a writ petition brought by a citizens...more

California’s Supreme Court Denies ARB Petition To Review LCFS Case

by Latham & Watkins LLP on

In a previous post, we described how potential delays in the resolution of the case commonly known as POET I could create uncertainty regarding the future of the California Low Carbon Fuel Standard (LCFS). On August 23, 2017,...more

Fourth Appellate District Upholds City of San Diego’s Rejection of Subdivision Project and Related MND

by Downey Brand LLP on

CEQA decisions usually arise in the context of a challenge to a lead agency’s approval of a project and a related CEQA document. However, in a recent decision, Kutzke v. City of San Diego (2017) 11 Cal.App.5th 1034...more

Faceoff with Federal Government Possibly Looming Following California Supreme Court CEQA Ruling; Cal High Speed Rail Project Also...

In July 2017, the California Supreme Court determined the federal Interstate Commerce Commission Termination Act of 1995 (49 U.S.C. § 10101 et seq.) (“ICCTA”) does not preempt the application of the California Environmental...more

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