News & Analysis as of

Land Developers California Environmental Quality Act

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

Meyers Nave

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

Meyers Nave on

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

Miller Starr Regalia

Ninth Circuit Squashes RICO Lawsuit Seeking Federal Remedy For Abusive and Extortionate CEQA Litigation

Miller Starr Regalia on

Litigation abuse is all too familiar to those engaged in the herculean task of getting new development approved in California.  See, for instance, Jennifer Hernandez’s 2022 report for the Center for Jobs & the Economy, titled...more

Downey Brand LLP

Alleged CEQA Abuse not Actionable under RICO Says Ninth Circuit

Downey Brand LLP on

In Relevant Grp., LLC v. Nourmand (9th Cir. Sep. 5, 2024, No. 23-55574) 2024 U.S. App. LEXIS 22559, the Ninth Circuit Court of Appeals narrowed the applicability of Racketeer Influenced and Corrupt Organizations Act (“RICO”)...more

Allen Matkins

California Court of Appeal Clarifies What Constitutes a “Rare” Species Under CEQA

Allen Matkins on

On June 27, 2024, the California First District Court of Appeal affirmed the denial of a writ petition challenging the City of Lafayette’s (City) determination that a 12-unit residential condominium building qualified for the...more

Miller Starr Regalia

Supreme Court Holds Legislature’s Case-Driven CEQA Amendments Require Judgment Upholding UC Berkeley’s 2021 Long-Range Development...

Miller Starr Regalia on

“It ain’t over ‘til it’s over.” Yogi Berra and Lenny Kravitz - In a unanimous opinion filed on June 6, 2024, the California Supreme Court reversed the judgment of the First District Court of Appeal in the controversial...more

Perkins Coie

Council Resolution Approving an Amendment to a Disposition and Development Agreement Was Subject to Referendum

Perkins Coie on

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

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - August 2023 - Volume 8, Issue 2

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

Perkins Coie

Bond Properly Required for Challenge to Affordable Housing

Perkins Coie on

A local organization appealed the denial of its challenge to the approval of an affordable housing project and disputed the trial court’s order requiring it to post a bond. The Court of Appeal rejected plaintiff’s contentions...more

Perkins Coie

33rd Annual Land Use & Development Law Briefing - 2023

Perkins Coie on

Land Use and Development Case Summaries 2023 Land Use and Development Law Briefing (Short Form) 1. Planning And Zoning - OLD EAST DAVIS NEIGHBORHOOD ASSOCIATION V. CITY OF DAVIS 73 Cal. App. 5th 895 (2022) The court...more

Miller Starr Regalia

Attorney General’s Guidance On “Best Practices” For CEQA Analysis Of And Mitigation For Wildfire-Related Impacts Is Long On...

Miller Starr Regalia on

“We didn’t start the fire….” -Billy Joel - Wildfires are an unfortunate reality of life in California and have become of increasing concern over the past several years.  Eight of the ten largest wildfires in the state since...more

Allen Matkins

Court Rules CEQA Determinations Must be Included on Public Meeting Agendas

Allen Matkins on

In March of 2021, the City of Thousand Oaks posted an agenda for its regular City Council meeting in which it was stated that the City would consider awarding a new exclusive solid waste management franchise agreement. During...more

Perkins Coie

County Did Not Violate Its Duties Under CEQA By Approving a Project at the Density Agreed to in a Stipulated Judgment

Perkins Coie on

The court held that the County of Marin did not abdicate its duties under CEQA when it approved a specific project pursuant to a stipulated judgment. Tiburon Open Space Committee v. County of Marin, 78 Cal. App. 5th 700...more

Best Best & Krieger LLP

Court Rules on Parking Reduction & CEQA Impact

Confirms Reduction in Parking Considered Social Impact Rather Than Environmental - The Second Appellate District Court of Appeal has upheld approval of a recreational improvements/ecological restoration project despite the...more

Nossaman LLP

Court Upholds Special CEQA Streamlining Legislation for Oakland A’s Park Project

Nossaman LLP on

The enactment of special CEQA streamlining legislation for the Sacramento Kings arena nearly a decade ago created a model for a series of mega-project specific bills, all aimed at reducing the development uncertainty and the...more

Sheppard Mullin Richter & Hampton LLP

Mandate to Provide Traffic Improvements Prior to Project Approval Struck Down

In Alliance for Responsible Planning v. Taylor, the Third District Court of Appeal recently struck down a voter initiative requiring a developer to fund all cumulative traffic mitigation as a condition precedent to project...more

Downey Brand LLP

CEQA Plaintiffs Beware: Meritless Lawsuits May Be Subject To Counter-Claims for Malicious Prosecution

Downey Brand LLP on

In Jan Dunning et al. v. Kevin K. Johnson, APLC et al., the Fourth District Court of Appeal held that a developer and property owner could pursue its claims against a neighbor and project opponent for malicious prosecution...more

Downey Brand LLP

Poseidon’s Desalination Plant’s Supplemental EIR Holds Water According to the Court of Appeal

Downey Brand LLP on

In California Coastkeeper v. State Lands Commission, the Third District Court of Appeal upheld the State Lands Commission’s decision to prepare a supplemental environmental impact report (EIR) for a desalination plant in...more

Best Best & Krieger LLP

Court Grants Attorneys' Fees Against City in Development Litigation

CEQA Appellate Court Decision Analyzed by BB&K's Amanda Daams in PublicCEO - A large attorneys’ fees award under the private attorney general statute was recently affirmed by a California Appellate Court. The case,...more

Coblentz Patch Duffy & Bass

What 2020 Land Use Cases Taught (Or Reminded) Us About Litigation Basics

Last year brought the legal profession many things that we never expected, like trials conducted by Zoom and virtual happy hours, just to name a few. But it also brought a handful of new CEQA and land use decisions that, like...more

Best Best & Krieger LLP

Caltrans Releases New Interim Guidance for Conducting Safety Impact Analyses Under CEQA

Guidance Brings Heightened Scrutiny - The California Department of Transportation recently released “Interim Land Development and Intergovernmental Review (LDIGR) Caltrans Safety Review Practitioners Guidance.” It...more

Allen Matkins

Sustainable Development and Land Use Update - June 2020

Allen Matkins on

Judicial Council amends prior emergency rule to adjust land use litigation deadlines - Bullet Allen Matkins – May 29 - On May 29, 2020, the California Judicial Council amended its Emergency Rule 9 to provide fixed...more

Sheppard Mullin Richter & Hampton LLP

Fall Season Results in California Coastal Commission Victories

This Fall, the California Coastal Commission (“Commission”) was handed down two significant victories, further cementing its authority and jurisdiction within California coastal zones. These cases demonstrate that, in certain...more

Miller Starr Regalia

Are Urban Land Uses And Project Design Components Fungible For CEQA Project Description Purposes As Long As Maximum Possible...

Miller Starr Regalia on

In an opinion originally filed on July 31, and belatedly ordered published on August 22, 2019, the Second District Court of Appeal (Division 3) affirmed a judgment granting a CEQA writ petition invalidating the final EIR and...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - Vol. 4, Issue 2

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 your...more

65 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide