News & Analysis as of

California Environmental Quality Act Real Estate Development

Perkins Coie

VMT Thresholds Must Be Based on Substantial Evidence Specific to Local Conditions

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The County of San Diego’s thresholds for exempting certain projects from vehicle miles traveled (VMT) analysis were not supported by substantial evidence showing they were appropriate specifically for the County. Cleveland...more

Alston & Bird

Land Use Matters | May 2025 | CEQA Appellate Decisions & Other Legal Developments

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City of Los Angeles - Expedited and Streamlined Review Process for Community Rebuilding - On March 18, 2025, Mayor Karen Bass issued Revised Emergency Executive Order No. 1 (EO 1) directing the Department of City Planning,...more

Downey Brand LLP

Are Your CEQA Thresholds Supported by Substantial Evidence? Fourth District Rules San Diego County’s Thresholds of Significance...

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In Cleveland National Forest Foundation v. County of San Diego (2025) 109 Cal. App.5th 1257, the Fourth District Court of Appeal invalidated two thresholds of significance adopted by the County of San Diego (“County”) that in...more

Allen Matkins

Do you have any tips for real estate industry participants regarding the environmental regulatory changes underway at the federal...

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“Recent federal actions limiting the Council on Environmental Quality’s (CEQ) authority under the National Environmental Policy Act (NEPA) have created an uncertain regulatory landscape, with less clarity on how agencies will...more

Allen Matkins

Sustainable Development and Land Use Update 4.23.25

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The Trump administration last Wednesday proposed to loosen federal protections for endangered species. A draft rule from the Fish and Wildlife Service (FWS) and National Oceanic and Atmospheric Administration (NOAA) would...more

Allen Matkins

California Court Clarifies CEQA Tribal Consultation Duties in First Published AB 52 Decision

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On March 14, 2025, the California Court of Appeal for the First District issued the first published opinion interpreting Assembly Bill 52 (AB 52), the law governing tribal consultation procedures under the California...more

Meyers Nave

Court of Appeal Invalidates County's Vehicle Miles Traveled (VMT) Screening Thresholds for CEQA Review

Meyers Nave on

A California court of appeal has held that a lead agency conducting environmental review, under the California Environmental Quality Act (CEQA), of “vehicle miles traveled” (VMT) impacts may not unquestioningly use thresholds...more

Allen Matkins

Sustainable Development and Land Use Update 3.31.25

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In a show of bipartisan and bicameral unity, California lawmakers on Tuesday unveiled a sweeping 20-bill legislative package aimed at overhauling the state’s housing development process. Branded as the “Fast Track Housing”...more

Miller Starr Regalia

Fourth District Invalidates San Diego County’s “Infill” And “Small Project” VMT Screening Thresholds As Lacking Substantial...

Miller Starr Regalia on

In a published opinion filed March 27, 2025, the Fourth District Court of Appeal (Div. 1) reversed the trial court’s judgment denying a writ petition, and held that two screening thresholds of significance for vehicle miles...more

Best Best & Krieger LLP

A Well-Informed Start to 2025: BBK’s Guidance for New Laws in California – Housing Part Four

In part four of the Housing New Laws series from Best Best & Krieger LLP (BBK), new housing legislation in 2025 addressing streamlined or by-right approval of certain projects, as well as updates to laws governing mobile...more

Miller Starr Regalia

First District Voids Clearlake Hotel Project MND for City’s Failure to Conduct Adequate CEQA AB 52 Tribal Cultural Resources...

Miller Starr Regalia on

In a published opinion filed March 14, 2025, the First District Court of Appeal (Div. 2) reversed the trial court’s judgment upholding a Mitigated Negative Declaration (MND) for a four-story, 75-room hotel/meeting...more

Miller Starr Regalia

Is Robust and Disruptive CEQA Reform Possible?  Senator Scott Wiener Wants to Find Out – His Proposed SB 607 Would Exempt...

Miller Starr Regalia on

On February 20, 2025, Senator Scott Wiener introduced Senate Bill No. 607 (SB 607), a proposed law that is relatively short in text length, but which would engender major CEQA reforms if enacted as currently drafted.  The...more

Coblentz Patch Duffy & Bass

Summary of Select 2024 California Real Estate and Land Use Cases Impacting Real Estate Developers

On January 21, 2025, Coblentz litigation partner Skye Langs presented for the Bar Association of San Francisco’s Real Property section on the following real estate and land use cases from 2024...more

Allen Matkins

Sustainable Development and Land Use Update 2.7.25

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Governor Gavin Newsom stepped up his intervention on the California Coastal Commission last Monday, chiding the agency for providing “legally erroneous guidance” that threatens to create confusion and delay the rebuilding...more

Miller Starr Regalia

Following Up Earlier Order Suspending CEQA Review and Coastal Act Permitting Requirements To Facilitate Rebuilding After...

Miller Starr Regalia on

On January 27, 2025, Governor Gavin Newsom issued Executive Order N-14-25 (the “EO”) pursuant to his statutory powers to suspend regulatory statutes during a state of emergency that would impede mitigation of the effects of...more

Allen Matkins

The Future of Conservation Easements as Mitigation under CEQA

Allen Matkins on

The California Court of Appeal’s recent decision in V Lions Farming, LLC v. County of Kern provides important clarity on the use of agricultural conservation easements (ACEs) for mitigating the conversion of agricultural land...more

Snell & Wilmer

Governor Newsom Issues Executive Orders N-4-25 and N-14-25 to Accelerate Fire Recovery

Snell & Wilmer on

Executive Orders N-4-25 and N-14-25 attempt to alleviate procedural and regulatory approvals for rebuilding property damages by the Palisades and Eaton wildfires. Executive Order N-4-25 suspends CEQA and CCA to allow...more

DLA Piper

California Suspends Some Permitting and Environmental Review to Expedite Rebuilding After Southern California Fires

DLA Piper on

Following the devastating fires in Los Angeles and Ventura Counties, California Governor Gavin Newsom issued Executive Order N-4-25 to expedite recovery and rebuilding efforts. Released on January 12, 2025, the Order suspends...more

Goldberg Segalla

California Suspends CEQA and CCA Requirements to Fastrack Rebuilding Efforts after Wildfires

Goldberg Segalla on

California Gov. Gavin Newsom on Jan. 12 issued an executive order in response to the devastating wildfires, suspending environmental reviews required under the California Environmental Quality Act (CEQA) and permitting...more

Downey Brand LLP

Governor Newsom Issues Executive Order Broadening Existing CEQA and Coastal Act Exemptions for Rebuilding in Areas Impacted by...

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In the wake of the tragic disaster still unfolding in multiple communities of Southern California, Governor Newsom has issued an executive order (Executive Order N-4-25) intended to “expedite recovery” from the disaster by...more

Allen Matkins

Sustainable Development and Land Use Update 1.21.25

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Governor Gavin Newsom issued an executive order Tuesday safeguarding victims of the Los Angeles-area fires from predatory real estate investors. The executive order is designed to protect residents in fire-ravaged zip codes...more

Allen Matkins

LA Wildfires Client Resources

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Allen Matkins takes great pride in our California roots and strong ties to the Los Angeles community, and we are profoundly saddened by the devastation caused by the wildfires in our state. We are deeply committed to...more

Sheppard Mullin Richter & Hampton LLP

State and Local Executive Orders Suspend Time-Consuming Permitting and Review Requirements for Rebuilding Los Angeles

In light of the ongoing devastation wrought by the numerous wildfires plaguing Los Angeles County, California Governor Gavin Newsom has declared a state of emergency and taken immediate action in an attempt to allow Angelenos...more

Miller Starr Regalia

Governor Issues Executive Order N-4-25 Suspending CEQA Review and Coastal Act Permitting Requirements to Facilitate Rapid...

Miller Starr Regalia on

On January 12, 2025, Governor Gavin Newsom issued Executive Order N-4-25 (the “EO”) pursuant to Government Code section 8571, which authorizes the Governor to suspend regulatory statutes during a state of emergency upon...more

Buchalter

State of California and the City of Los Angeles Issue Orders to Expedite Recovery and Reconstruction in Response to Los Angeles...

Buchalter on

In response to the devastating wildfires in Los Angeles and Ventura Counties, Governor Gavin Newsom issued Executive Order N-4-25 on January 12, 2025 to expedite the recovery process in affected communities. The following...more

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