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Environmental Review Real Estate Development

Balancing Leasing Acquisition and Environmental Risk in Data Center Projects

Buoyed by robust demand for large parcels of undeveloped land, the rise of artificial intelligence workloads, and the game-changing role that hyperscalers are playing, the real estate market for data centers is in a strong...more

Meyers Nave

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

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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

Holland & Knight LLP

New York Proposes SEQRA Amendments to Implement Environmental Justice Siting Law Provisions

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While the Trump Administration has rolled back federal environmental justice initiatives and taken efforts toward expediting federal environmental review processes, the New York State Department of Environmental Conservation...more

Holland & Knight LLP

Adding Fuel to the Fires Calling for Permitting Reform

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In a surprise decision likely to add further fuel to the fires calling for permitting reform and uncertainty to the environmental review process for federal funding and approval, the U.S. Court of Appeals for the District of...more

Meyers Nave

2024 California Developers’ Toolkit: Density Bonus Law, Housing Laws, & Strategies for Success

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The California Legislature has continued to refine the Density Bonus Law over the years, making important updates to housing laws that impact developers across the state. Recent legislative changes include key updates on...more

Venable LLP

Green Fast Track for Housing Rule to Streamline Residential Development in NYC

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As part of Mayor Eric Adams' "Get Stuff Built" initiative to increase housing supply and reduce regulatory constraints on new development, the New York City Planning Commission approved the Green Fast Track for Housing Rule...more

Farrell Fritz, P.C.

Friend of the Shawangunks v. Town of Gardiner Planning Board: Litigation Concerning a Popular Outdoor Recreation Area Prompts the...

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OVERVIEW - The Shawangunk Ridge is a cluster of bedrock in upstate New York popular for its scenery and outdoor recreation. The Town of Gardiner’s (“Gardiner”) Shawangunk Ridge Protection District (“SRPD”) protects the...more

Akerman LLP

Green Fast Track for Housing Regulations Seek to Expedite Housing Development in New York

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New York City recently amended the City Environmental Quality Review (CEQR) regulations to exempt small residential developments from environmental review. The regulations, called "Green Fast Track for Housing," seek to...more

Brownstein Hyatt Farber Schreck

2023 CEQA Legislative Recap: Insignificant Effects, Housing Exemptions, and Streamlining

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

Miller Starr Regalia

Reversal of Misfortune: Second District Holds CEQA Action Challenging Los Angeles Housing Development Project Barred By Statute of...

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In a published opinion filed on January 17, 2024, the Second District Court of Appeal (Div. 5) reversed a trial court judgment overturning a mitigated negative declaration (MND) and requiring an EIR for a 42-single family...more

Downey Brand LLP

Downey Brand Compilation of Published CEQA Cases in 2023

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2023 served up roughly the same number of published appellate CEQA cases as 2022 with a defense win percentage of over 80 percent, which has been the case in many, if not all, of the past ten years. A prominent theme of...more

Downey Brand LLP

Filing Multiple NODs does not Restart Statute of Limitations

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In Guerrero et al v. City of  Los Angeles (January 17, 2024, No. B326033 c/w B327032) ___Cal.App.5th___,  the Second District Court of Appeal held that the project opponents did not timely file their CEQA lawsuit. The...more

Farrell Fritz, P.C.

Exact Compliance with SEQRA Architectural Conditions Are Enforceable

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Recently in BMG Monroe I, LLC v. Village of Monroe Zoning Board of Appeals, the Second Department reinforced strict compliance with all State Environmental Quality Review Act (“SEQRA”) visual impact findings and mitigation...more

Downey Brand LLP

Sixth District Says City’s Specific Plan EIR Need Not Analyze Speculative Alternative Scenario Conjured by Project Opponents

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The Sixth District Court of Appeal, in Santa Rita Union School District v. City of Salinas (2023), 94 Cal.App.5th 298, reversed the lower court, finding that the City of Salinas’ (“City”) final programmatic environmental...more

Dorsey & Whitney LLP

Uncertainty Looms: Minneapolis's 2040 Plan Hits (Another) Judicial Roadblock

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The month of September was a bad month for the City of Minneapolis’s 2040 Comprehensive Plan (2040 Comp Plan). On September 5, 2023, Minnesota’s Fourth Judicial District (Hennepin County) released a decision temporarily...more

Coblentz Patch Duffy & Bass

2023 Housing Legislation Overview – Major Signed and Pending Bills

The 2023 California Legislative Session, which closed on September 14, was dominated yet again by efforts to address the state’s continued housing crisis. For the last several years, we have written about many bills enacted...more

Brownstein Hyatt Farber Schreck

What’s Happening at the California Capitol? Another Pass at CEQA and Housing Streamlining

In this alert, Brownstein outlines Gov. Gavin Newsom’s latest swing at the California Environmental Quality Act (CEQA) and provides the updates (and potentially what to expect) regarding two new bills introduced by Sen. Scott...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - Vol. 8, Issue 1

Noisy college students, the new CEQA impact? Would you be surprised to learn that college students can throw noisy parties? Uh, no, but it may be a surprise that they constitute a potentially significant environmental impact...more

Downey Brand LLP

Residential Development Project Consistent with Specific Plan Found Exempt from Further CEQA Review

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In Citizens’ Committee to Complete the Refuge v. City of Newark (2021) 74 Cal.App.5th 460, the First District Court of Appeal affirmed the trial court’s ruling that a residential project in a specific plan area in the city of...more

Latham & Watkins LLP

CEQA Case Report: 2021 Year in Review

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CEQA Case Report: Understanding the Judicial Landscape for Development - Public agencies prevailed in 71% of CEQA cases analyzed. Latham & Watkins is pleased to present its fifth annual CEQA Case Report. Throughout...more

Allen Matkins

Sustainable Development and Land Use Update - June 2022 #3

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California legislators propose helping people buy homes in exchange for partial ownership Bullet KQED – June 16 State legislators are proposing to create a billion-dollar fund in this year’s state budget that would provide...more

Allen Matkins

Sustainable Development and Land Use Update - June 2022 #2

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Senator Wiener revives plan for by-right affordable housing on certain sites owned by religious institutions or private non-profit higher educational institutions CBS Bay Area – June 10 Last week, State Senator Scott Wiener...more

Allen Matkins

Three New California Laws to Facilitate Housing Production

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The California Legislature and Governor approved three key housing bills in 2021, to facilitate housing production in California. SB 8 (Senator Skinner) extends and expands the Housing Crisis Act of 2019 (SB 330). SB 9...more

Miller Starr Regalia

Fourth District Rejects CEQA And Municipal Code Challenges To City Of Santa Cruz’s Project Approvals And EIR For Small Multifamily...

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In an opinion filed on December 16, 2021, and belatedly ordered published on January 13, 2022, the Fourth District Court of Appeal rejected a CEQA challenge to a small multifamily project in the City of Santa Cruz.  Ocean...more

Allen Matkins

Sustainable Development and Land Use Update - January 2022

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Court clears new housing near Expo Line in Los Angeles - The Real Deal – December 30 - Los Angeles may finally get the 6,000 new residential units it wanted around the Metro Expo Line light-rail route. A Los Angeles...more

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