News & Analysis as of

Urban Planning & Development Environmental Review

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

Akerman LLP on

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

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

Farrell Fritz, P.C.

Exact Compliance with SEQRA Architectural Conditions Are Enforceable

Farrell Fritz, P.C. on

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

Downey Brand LLP on

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

Dorsey & Whitney LLP on

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

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

Latham & Watkins LLP

CEQA Case Report: 2021 Year in Review

Latham & Watkins LLP on

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

Allen Matkins on

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

Allen Matkins on

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...

Miller Starr Regalia on

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

Allen Matkins on

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

Holland & Knight LLP

California Court Clarifies 5-Acre Maximum Project Site Requirement Under CEQA Infill Exemption

Holland & Knight LLP on

In a recently published decision and a case of first impression, the California Court of Appeal has held that development limited to a 2.38-acre portion of an existing 12-acre shopping center qualified for the "infill...more

Allen Matkins

Sustainable Development and Land Use Update - September 2021 #4

Allen Matkins on

Governor Newsom signs State Density Bonus Law clean up legislation - Allen Matkins – September 29 - On September 28, Governor Newsom signed SB 290, which amends certain provisions of the Density Bonus Law (Gov. Code §...more

Coblentz Patch Duffy & Bass

2021 Housing Legislation Overview: Major Bills Signed, More on Governor’s Desk

While the 2020-2021 California Legislative Session was dominated by the ongoing COVID-19 health crisis and the ultimately unsuccessful Gubernatorial recall election, there were significant efforts made to change statewide...more

Kramer Levin Naftalis & Frankel LLP

New York City Council to Require 'Racial Equity Reports' for Many Land Use Applications

The New York City Council on June 17 approved legislation that would mandate a “racial equity report” in connection with many rezonings, special permits and other land use applications submitted on or after June 1, 2022. ...more

Nossaman LLP

CEQA Amended to Expedite Transit and Sustainable Transportation Projects

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Governor Newsom recently signed into law Senate Bill 288 (the “Sustainable Transportation COVID-19 Recovery Act”), which will temporarily add new exemptions to the California Environmental Quality Act (CEQA) statute. The...more

Nossaman LLP

Governor Newsom Signs Major Housing and Transit CEQA Streamlining Bill

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On August 29, 2020, Governor Newsom signed into law AB 2731, which is intended to support the potential redevelopment of the 70-acre Navy Old Town Campus in downtown San Diego. The site would include a LEED Gold certified...more

Farrell Fritz, P.C.

A Win for Wind Power: Court Affirms Decision to Forgo Supplemental SEQRA Review of 600-Foot Wind Turbines

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The controversy in Matter of McGraw v Town Board of Town of Villenova (4th Dept Docket No CA 19-01362, Aug. 20, 2020) arose from the environmental review conducted on a proposed wind farm in upstate New York. The developer of...more

Farrell Fritz, P.C.

When it Comes to SEQRA, Reasonable Agencies Are Allowed to Disagree

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In SEQRA litigation, there is an oft-quoted proposition that the Lead Agency may not abdicate or defer its responsibilities under SEQRA to another agency. See Riverkeeper, Inc. v. Planning Bd. of Town of Se., 9 N.Y.3d 219,...more

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