News & Analysis as of

California Environmental Quality Act Public Private Partnerships (P3s)

Downey Brand LLP

The California Supreme Court Has a Banner Week, Hearing Argument in Three CEQA and Land Use Cases

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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

Best Best & Krieger LLP

Sweeping Six-Case Win For Water District Helps Secure Orange County's Water Supply

In early May, the Fourth District Court of Appeal took an important step toward helping to secure Orange County’s water supply. It issued several opinions in response to challenges to a proposed public-private partnership...more

Pillsbury Winthrop Shaw Pittman LLP

Saving Private Partnerships: Court Upholds P3 Project against CEQA Challenge under Save Tara

A 2008 California Supreme Court decision, Save Tara v. City of West Hollywood, cast doubt on local governments’ ability to enter into agreements with private developers prior to completing project review under the California...more

Miller Starr Regalia

Fourth District Upholds EIR For Cadiz Mojave Desert Groundwater Pumping Project Against Various CEQA Challenges

Miller Starr Regalia on

In the second of two published opinions filed May 10, 2016, the Fourth District Court of Appeal affirmed the trial court’s judgment upholding the lead agency designation and EIR for a controversial project proposing to pump...more

Best Best & Krieger LLP

Sweeping Six-Case Win for Water District

Court Upholds Public-Private Groundwater Conservation and Recovery Project That Will Serve Customers Throughout Southern California - A proposed public-private partnership project to pump fresh groundwater, which would...more

Miller Starr Regalia

Fourth District Rejects CEQA Challenges To Large Mojave Desert Groundwater Pumping Project In Separate Published Opinions

Miller Starr Regalia on

In two opinions filed May 10, 2016 (one partially and the other fully published), the Fourth District Court of Appeal rejected a number of CEQA and other challenges to a project proposing to pump 50,000 acre-feet of...more

Best Best & Krieger LLP

Court Upholds Approvals for the Cadiz Valley Water Conservation, Recovery and Storage Project

Trial Court Validates Agreements and Plans for Large Public-Private Water Project and Approves CEQA Review - The Orange County Superior Court last week issued rulings rejecting all six challenges to the environmental...more

Best Best & Krieger LLP

Public Private Partnerships: From Economic Development to Local-Serving Infrastructure Procurement

Best Best & Krieger LLP on

In This Presentation: Public Private Partnership Opportunities: - Public Assistance into Private Projects • Economic Development/Redevelopment • Land Use/Zoning • Real Estate Assets/Long Range Property...more

Pillsbury Winthrop Shaw Pittman LLP

Like Athena From the Head of Zeus: Neighbors for Smart Rail Authorizes Future Baselines in CEQA Review

A new California Supreme Court decision, Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, authorizes reliance on anticipated future conditions as the “baseline” for evaluating impacts of long-term...more

Miller Starr Regalia

Navigating Between CEQA’s Scylla and Charybdis: First District Applies Save Tara Analysis and Rejects Claims of Improper Project...

Miller Starr Regalia on

One of the most vexing issues arising under CEQA, particularly in cases of projects involving public-private partnerships or projects requiring public agency financial assistance, is the question of when project approval...more

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