California Land Use & Development Law Report
California Land Use & Development Law Report
California Land Use & Development Law Report offers insights into legal issues relating to development and use of land and federal, state and local permitting and approval processes. View posts by topic. Subscribe 🡢
Supreme Court Invalidates EPA Pollution Standards
Court Defers to San Diego’s Approval of Bridge in Balboa Park
Don’t Bank On It: Court of Appeal Takes Issue with City’s Development Prohibition
“True Lease” Required for Lease-Leaseback Exemption from Public Bidding
California Supreme Court Broadly Construes Municipal Power to Enact Affordable Housing Measures
Controversial Clean Water Act Rule Published
- The rule explains the agencies' jurisdiction with respect to "tributaries" and "adjacent" waters and comes amidst considerable debate over where to draw the lines of federal permit
Fish and Wildlife Service Launches Regulatory Initiative on Migratory Bird Incidental Take
- The Migratory Bird Treaty Act is strict liability criminal law, and it has been the subject of several recent high-profile enforcement actions against energy project developers.
Vesting Rights Restrictions of Subdivision Map Act Do Not Bind Water District
Court Rejects Another Attempt to Stop New Kings Arena
Mello-Roos Financing May Be Used to Acquire a Private Water Utility Through Eminent Domain.
Failure to Challenge Affordable Housing Condition Barred Subsequent Claim of Invalidity of Enabling Ordinance under Costa-Hawkins Act
California Department of Fish and Wildlife's EIR for Fish-Stocking and Hatchery Program Upheld
A court of appeal has held that the first-ever environmental impact report for the state's fish hatchery and stocking programs complies with CEQA, but also found that three of the EIR's mitigation measures constituted "underground regulations" in violation of the Administrative Procedure Act. Center for Biological Diversity v.
Second District Court of Appeal Invalidates Approval of Elder Care Facility, Citing Lack of Evidence to Support Zoning Determination
Court of Appeal Sinks Challenge to TMDL for Lake Bed Sediment
A Court of Appeal has upheld the Regional Board's adoption of the total maximum daily load (TMDL) for concentration of pollutants in the sediment in McGrath Lake, rejecting the claim that TMDLs may not be stated in terms of concentrations of pollutants in lake bed sediments.