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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.

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November 20, 2013

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.

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November 18, 2013

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

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November 7, 2013

Court Rejects Claim That New General Plan Housing Element Requires New EIR

Affordable housing advocates have lost a claim that Napa's new General Plan Housing Element required a new environmental impact report. Latinos Unidos de Napa v. City of Napa, No. A134959 (1st Dist., Oct.

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November 1, 2013

Does An EIR Have To Be Certified By A City’s Decision-Making Body?

Yes, according to a recent decision by a California court of appeal. The court held that CEQA does not allow a city council to delegate certification of an Environmental Impact Report to a planning commission, where the council is the decision-maker on the project. The court further ruled that, where such a delegation occurs, the project opponent is not required to appeal the planning

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November 1, 2013

Ninth Circuit Rules that Plaintiffs Lack Standing to Compel State Agencies to Regulate Greenhouse Gas Emissions

Do environmental groups have standing to sue to force state agencies to regulate greenhouse gas emissions under the Clean Air Act? In a case decided on October 17, the Ninth Circuit said no. Washington Environmental Councilv.

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October 22, 2013

California Supreme Court Makes It Easier To Challenge Local Affordable Housing Requirements

Under the Mitigation Fee Act, when a city imposes a fee, dedication, reservation or other exaction on a development project, the developer has the right to pay under protest, obtain the necessary project approvals and proceed with construction, while at the same time disputing the legality of the requirement. In

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September 26, 2013

Ninth Circuit Clarifies Standards For Housing Discrimination Claims

Can a city protect itself from discriminatory zoning claims by adopting a facially neutral ordinance that treats similarly situated land uses the same? Apparently not, said the Ninth Circuit in Pacific Shores Properties v. City of Newport Beach (Case No.

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September 25, 2013

EPA Publishes Draft Scientific Report To Support Significant Expansion of Clean Water Act Jurisdiction

On September 17, 2013, the Environmental Protection Agency announced the release of a draft scientific report that is widely seen as a prelude to upcoming regulations that would significantly expand federal permitting jurisdiction under the Clean Water Act.

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September 24, 2013

Ninth Circuit Moves Low Carbon Fuel Regulations Closer to Validation

Many CEQA and NEPA analyses of greenhouse gas impacts assume implementation of the Low Carbon Fuel Standard adopted by the California Air Resources Board. In a boost to the credibility of these analyses, the Ninth Circuit has dissolved a pending injunction and rejected multiple challenges to the Low Carbon Fuel Standard.

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September 16, 2013

California Supreme Court To Hear San Jose Affordable Housing Case.

The California Supreme Court has granted a petition by the California Building Industry Association for review of an appellate court's decision upholding a San Jose affordable housing ordinance. The court of appeal found the ordinance to be a valid exercise of the City's police powers, reversing a lower court ruling that the city had not shown a reasonable relationship between

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September 13, 2013

Senate Bill 743: Legislature Sends CEQA Amendments to Governor

Following a week of intense negotiations, the Legislature has sent Governor Brown a set of CEQA amendments. Senate Bill 743 replaces – at least for now -- Senate Bill 731, which had become an unwieldy mass of 15 separate CEQA revisions. (See our April 26 post

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September 5, 2013

All About Drakes Bay and Oysters, Little Oysters.

In a case the court described as pitting "an oyster farm, oyster lovers and well-known 'foodies' against environmentalists," the Ninth Circuit has upheld denial of a preliminary injunction against the Interior Secretary's decision not to extend a permit for commercial oyster farming at Point Reyes National Seashore.

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August 28, 2013

County Can Establish Winery Uses By Right Despite Environmental Impacts

San Diego County's decision to permit visitor-serving wineries by right has survived CEQA and general plan challenges. San Diego Citizenry Group v. County of San Diego, 219 Cal. App.

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August 20, 2013

Faulty Greenhouse Gas Analysis Sinks EIR

An environmental impact report must not only identify a proper significance threshold for a project's greenhouse gas (GHG) emissions; it must then correctly apply that threshold. The EIR for a Wal-Mart Supercenter failed this test in Friends of Orov

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August 13, 2013

No CEQA Review Required For Adoption of CEQA Thresholds of Significance

A court of appeal today rejected a CEQA challenge to an air pollution control district's published thresholds of significance for air pollution impacts. California Building Industry Association v Bay Area Air Quality Management District, No. 135335 (First District, July 13, 2013).