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.
When Is Wetland a Wetland - And How Do We Find Out?
In recent years, two United States Supreme Court decisions have significantly reduced the scope of federal wetlands jurisdiction under the Clean Water Act. Solid Waste Age
How Far Will USFWS Expand Incentives for Voluntary Conservation Actions Under the Endangered Species Act?
The U.S.
Are We Ever Getting a Redevelopment Clean-Up Bill?
Almost a year later, municipalities are still waiting.
Sequential Lot Line Adjustments Get The Green Light.
Lot line adjustments offer a streamlined alternative to the complex process of subdividing land. However, lot line adjustments have historically been limited to four or fewer adjoining parcels. In a decision that may significantly expand use of lot line adjustments, the court of appeal in
State University's Duty to Mitigate Transportation Impacts to be Considered by Supreme Court
In City of San Diego v Board of Trustees of the California State University, the court of appeal overturned the EIR for the San Diego State University campus expansion plan, ruling that it did not adequately address transportation impacts and mitigation measures for those impacts. In a decision issued on December 13, the court rejected the university's finding that&nbs
Appendix G of CEQA Guidelines Cannot Require Analysis of Effects of Environment on Project
Redevelopment Assets Ordered Returned by State Controller
Last year's bill eliminating redevelopment agencies, AB x1-26, has created massive headaches for successor agencies as they attempt to unwind years of complex financial transactions.
New Title 24 Efficiency Standards Adopted
No Right to Appeal LEA's Certification of EIR for Solid Waste Facilities Permit to Board of Supervisors
In No Wetlands Landfill Expansion v. County of Marin the First District Court of Appeal held that community organizations had no right to have the county's board of supervisors hear an appeal of an EIR certification determination by the county's solid waste management agency. The decision addresses the interplay between the CEQA and the Integrated Waste Management Act.
Decision Exempting Modification of Judgment Imposing a Physical Solution to Water Rights Issues is Reinstated by California Supreme Court
Agreements Tolling CEQA Statute of Limitations Upheld
Future Baseline May be Used for CEQA Review of Long-Term Infrastructure Project
In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, the California Court of Appeal for the Second Appellate District ruled that in appropriate circumstances, projected future conditions may serve as an appropriate baseline for measuring a project's impacts under the California Environmental Quality Act.
Mobile Home Park Owners Not Constitutionally Entitled to Receive Market Rate Rent
Mobile home park owners were not entitled to raise rents to market rates under the terms of the city's rent control ordinance or the constitution, even though those rates may not be "excessive," according to the court in Besaro Mobile Home Park v. City of Fremont.
EPA Compliance Orders Are Subject to Judicial Review
Supreme Court Declines Review of CEQA Decision Upholding EIR’s Use of Existing Operations Baseline
In Citizens for East Shore Parks the court of appeal upheld use of existing "on the ground" conditions, including ongoing operations, as the baseline for CEQA review of long-term renewal of a State Lands Commission lease of property used for a marine terminal. On March 14, 2012 the California Supreme Court denied a petition for review of the court of appeal's decision.