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California Land Use & Development Law Report

Real Estate & Land Use, worms eye view of large commercial buildings

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 🡢

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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.

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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.

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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
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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
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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
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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.

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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)

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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
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CEQA Year In Review 2013

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

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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

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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.

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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
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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
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Courts Have Discretion to Allow Agency Regulations Adopted in Violation of CEQA to Remain in Place Based on Their Environmental Benefits While Agency Takes Corrective Action

Agencies promulgating regulations under a certified regulatory program may not bypass CEQA's environmental review procedures by approving the regulations prior to completion of the environmental review.    View blog post
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Comment Periods Open on New Fracking Regulations and Scope of Statewide EIR

In the face of mounting public pressure to address the potential perils of hydraulic fracturing, California has embarked upon a multi-faceted program to strengthen its oil and gas regulations, perform comprehensive environmental studies, and increase public disclosure.  On November 15, 2013, the Department of Conservation published two notices seeking comments on steps it is taking to im View blog post
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