Skip to main content
Home
Home

California Land Use & Development Law Report

tree in grassy meadow

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.

Placeholder image
May 7, 2014

National Climate Assessment Report Released

On May 6, 2014, the Government released its U.S. View blog post
Placeholder image
May 5, 2014

Department of Water Resources Must File Condemnation Case Before Undertaking Geological and Environmental Testing on Private Property

In Property Reserve, Inc. v. Super. Ct.

View blog post
Placeholder image
April 17, 2014

Greenhouse Gas and Climate Change Impacts: CEQA Practice Tips

The analysis of climate change impacts under CEQA has rapidly evolved over the last several years. For this reason and others, nearly every challenge to an environmental impact report today features an attack on the EIR's analysis of greenhouse gas emissions.

View blog post
Placeholder image
April 14, 2014

Perkins Coie Housing Summit: 30,000 Homes by 2020.

On Tuesday April 9, Perkins Coie hosted "Housing Summit: 30,000 Homes by 2020," the Mayor's housing plan to build more housing and to make San Francisco housing affordable.  The Housing Summit was held at International Hotel Senior Housing Project, an important symbol of the City's historic housing struggles and a reminder of how affordable housing can be built.

View blog post
Placeholder image
April 13, 2014

Court Dismisses NEPA Claims in Transit Project Challenge

The Ninth Circuit has dismissed a NEPA challenge to the approval of the Honolulu Rail Transit Project, rejecting claims that agencies unreasonably restricted the Project's purpose and need and failed to consider all reasonable alternatives.  HonoluluTraffic.com v. FTA, No. View blog post
Placeholder image
April 13, 2014

EPA and Army Corps of Engineers Release Proposed Rule on the Scope of Waters Covered Under the Clean Water Act

On March 25, 2014, the U.S. View blog post
Placeholder image
April 13, 2014

Highway 101 EIR Felled by Redwoods

Caltrans's analysis of impacts to redwoods from  realignment of a one-mile stretch of Highway 101 has been rejected. View blog post
Placeholder image
March 7, 2014

Requiring dedication of overflight easement as condition to issuance of building permits does not constitute an unconstitutional exaction

 A recent California Court of Appeal decision considered the argument that a county requiring property owners to dedicate an overflight easement as a condition to issuance of a building permit was an unconstitutional exaction.

View blog post
Placeholder image
March 3, 2014

Challenge To Annexation Dismissed Due To Failure To Comply With Required Procedures

CEQA and other claims challenging a completed annexation were dismissed because they had not been brought in a reverse validation proceeding.  Protect Agricultural Land v. Stanislaus County Local Agency Formation Commission (No. F066544, 1/28/14)

View blog post
Placeholder image
January 22, 2014

Spot Zoning For Senior Housing Project Upheld

"Spot-zoning" refers to the discriminatory zoning of a small parcel that is surrounded by land within a different zone. Some had thought the doctrine only applies where a small parcel is zoned more restrictively than the property surrounding it. But in the recently decided case of Foothill Communities Coalition v. View blog post
Placeholder image
January 15, 2014 CEQA

CEQA Year In Review 2013

A Summary of Published Appellate Opinions Under CEQA By Steve Kostka, Barbara Schussman, Julie Jones, Marc Bruner & Christopher Tom

View blog post
Placeholder image
December 12, 2013

Existing Contamination On A Development Site Does Not Necessarily Trigger Preparation Of An EIR

Proposals to redevelop infill sites can often present difficult issues relating to how the potential effects of preexisting contamination should be evaluated under CEQA.  In a recently published opinion, the court in Parker Shattuck Neighbors v Berkeley made it clear that, in the absence of real evidence a significant environmental impact might occur,  the fact that a develop

View blog post
Placeholder image
December 4, 2013

County’s Application for State Funding Does Not Trigger CEQA

In December 2011, the Orange County Board of Supervisors passed a resolution authorizing the County to submit an application for $100 million in state funding to expand the  James A. Musick Jail Facility to add over 500 beds.  The City of Irvine, which sits adjacent to the jail, filed a lawsuit alleging that the County failed to comply with CEQA before submitting the application.

View blog post
Placeholder image
December 4, 2013

Criminal Penalties for Bird Deaths Caused by Wind Projects

In the first criminal case ever prosecuted under the Migratory Bird Treaty Act, the U.S. View blog post
Placeholder image
November 23, 2013

High Hurdle for EIR Recirculation Claims Set by Appellate Court

In a recently published decision,  a California court of appeal rejected a challenge to an EIR alleging the agency was required to recirculate the EIR when a new alternative was proposed after the draft EIR had already been circulated. South County Citizens for Smart Growth v. View blog post
Home
Jump back to top