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On September 19, 2024, Governor Gavin Newsom approved Assembly Bill (AB) 2243 (Wicks), which amends AB 2011 (Affordable Housing and High Road Jobs Act of 2022), effective January 1, 2025. As explained in our prior legal...more
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
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
Governor Gavin Newsom on Tuesday signed two new bills that aim to boost housing supply and further address the state’s homelessness crisis....more
The Sixth District Court of Appeal filed on July 24, and later certified for publication on August 6, 2024, its opinion in Center for Biological Diversity et al. v. County of San Benito, et al. (2024) __ Cal.App.5th __. The...more
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
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
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
Project opponents were unable to state a claim against the Regents of the University of California based on allegations that a new hospital at the University of California, San Francisco campus would violate local land use...more
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
A California Supreme Court ruling will allow student housing at University of California to be built at Berkeley's historic People's Park. In February 2023, a state appeals court in San Francisco had sided with the opponents,...more
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
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
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
The California Environmental Quality Act (CEQA) has long required a full analysis of project's potential adverse effects on the environment. The environmental impact report (EIR)-known as the "heart of CEQA"-is intended to...more
The court of appeal held that a City Council resolution approving a development agreement that included policy decisions regarding development of a public park was a legislative act subject to referendum. Move Eden Housing v....more
The completion of a shooting range redevelopment project did not moot CEQA claims regarding the project even though the plaintiff had not sought an injunction against development or operation of the project. Moreover, the...more
City of Los Angeles - Proposed Citywide Adaptive Reuse Ordinance - In 1999, the city council adopted the Adaptive Reuse Ordinance (ARO) that enabled the conversion of commercial buildings constructed in the downtown area in...more
On March 19, 2024, Assemblymember Buffy Wicks introduced new amendments to pending Assembly Bill (AB) 2243, which would amend AB 2011 (operative as of July 1, 2023). As explained in our prior legal alert, AB 2011 provides for...more
The Los Angeles Superior Court issued a highly anticipated ruling on March 4, 2024, addressing a Builder’s Remedy project denial by the City of La Cañada Flintridge. The decision confirms (i) that a local jurisdiction cannot...more
The County of San Diego planning staff found a project qualified for a CEQA exemption under Guideline 15183, which applies to projects consistent with a general plan for which an EIR had been prepared. On appeal, the Board...more
Recognizing that Downtown San Francisco is “struggling” post-pandemic, State Senator Scott Wiener has announced new legislation to exempt certain projects in the area from California Environmental Quality Act (CEQA) review...more
Several modest amendments to CEQA took effect on Jan. 1, 2024. Our CEQA News You Can Use team summarized a few of changes to keep in mind in the new year....more
In Part Three of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation for 2024 related to environmental law and the California Environmental Quality Act (CEQA). Below we provide...more