News & Analysis as of

Mitigated Negative Declaration Urban Planning & Development

Alston & Bird

Land Use Matters March 2024 – CEQA Appellate Decisions & Other Legal Developments

Alston & Bird on

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

Manatt, Phelps & Phillips, LLP

Amended Court Rule Provides Certainty for CEQA Statutes of Limitations

On April 6, 2020, the Judicial Council of California (Council) adopted a court rule that tolled statutes of limitations for all civil causes of action until 90 days after the Governor declares that the state of emergency is...more

Perkins Coie

CEQA Year in Review 2019

Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The year 2019 saw several trailblazing opinions, indicating that courts continue to grapple with some of CEQA’s core policies. The...more

Farrell Fritz, P.C.

Court Decision Creates Conflicting Case Law with Respect to When to Challenge a SEQRA Final Determination

Farrell Fritz, P.C. on

The Appellate Division, Second Department, recently issued a decision that appears to be a departure from prior precedent and is certain to create confusion with respect to when to commence an Article 78 claim challenging a...more

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

Perkins Coie on

Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more

Perkins Coie

CEQA Year In Review 2018

Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more

Perkins Coie

Aesthetic and Traffic Issues in Historic Overlay District Necessitate EIR

Perkins Coie on

A court of appeal has overturned a city’s mitigated negative declaration for a small mixed-use development in a historic overlay district, holding that aesthetic and traffic issues require the preparation of an environmental...more

Farrell Fritz, P.C.

Third Department Affirms “Neg. Dec.” Do-Over in Village of Ballston Spa v. City of Saratoga Springs

Farrell Fritz, P.C. on

In SEQRA parlance, a “Negative Declaration of Environmental Significance”, or “Neg. Dec.”, is a lead agency’s finding that the proposed Type I or Unlisted Action under review will not result in any significant adverse...more

Farrell Fritz, P.C.

Appellate Division Finds Planning Board’s Negative Declaration Arbitrary and Capricious and Requires Preparation of Environmental...

Farrell Fritz, P.C. on

An application was made for a site plan to the Planning Board of the City of Poughkeepsie for a 24 two-bedroom unit condominium complex in four buildings on a 3.4 acre parcel adjacent to an historic district. ...more

Best Best & Krieger LLP

CEQA Compliance for Commercial Cannabis Business Licensing under MAUCRSA - Proposal Open to Comments

The Bureau of Cannabis Control proposes to adopt a Negative Declaration related to its regulatory licensing and enforcement program for commercial cannabis distributors, retailers, testing laboratories, and microbusinesses...more

Miller Starr Regalia

Tentative Map Approval Is CEQA “Project”, Holds Third District In Published Opinion Also Addressing Prejudicial Error, Agency...

Miller Starr Regalia on

In a lengthy published decision filed September 9, 2014, the Third District Court of Appeal affirmed in part and reversed in part the trial court’s judgment denying a writ petition challenging Colusa County’s adoption of a...more

Miller Starr Regalia

First District “Doubts” CEQA Operates In Reverse, Upholds Mitigated Negative Declaration For Urban Infill Project Despite Soil and...

Miller Starr Regalia on

In an opinion recently ordered published, the First District Court of Appeal extensively reviewed the relevant case law and expressed skepticism that CEQA would operate in reverse to require analysis of potential impacts on a...more

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