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 🡢
Ninth Circuit Emphasizes Deference to Federal Agencies under NEPA
City Suing School District Can Recover Attorneys’ Fees, But Loses Most CEQA Claims
Annual Operating Plans for Dam Operation Do Not Require Environmental Reviews
Court Upholds "Tributary Rule" But Leaves Open the Possibility of a Future Challenge
Ninth Circuit Upholds Fish & Wildlife Service Regulations Against Environmentalists' Challenge
Can a Developer Unilaterally Impose an Arbitration Clause on a Condo Homeowners Association?
Decision on use of Future CEQA Baseline to be Reviewed by the Supreme Court
No Harm, No Foul—Petitioners Claiming Procedural Errors Must Prove Prejudice
It's not enough that litigants challenging planning and zoning actions prove that the city or county committed a procedural error. They also have to show the error was prejudicial, that it led to substantial injury, and that if the error had not occurred, a different result would have been likely.
EIR Required for Oak Woodland Management Plan
ACLU Files Brief in Support of Building Industry Association
Ninth Circuit Upholds Analysis of Narrow Range of Alternatives in EIS
The Ninth Circuit Interprets “Agency Action” under the Endangered Species Act - Again
CBIA Heads Off Level III Fees
Level II school fees are intended to fund approximately 50% of the cost of school facilities. The other 50% is funded by the state through the Leroy-Greene School Facilities Act of 1998, commonly known as SB-50.
Charter Cities Are Exempt from Prevailing Wage Laws
Laws of charter cities trump state law when it comes to "municipal affairs;" but state law is supreme as to matters of "statewide concern." So is payment of prevailing wage for public works a municipal affair or a matter of statewide concern?
CEQA and EIR Adequacy: The Latest Words on Public Services Impacts and Adaptive Mitigation Programs
Two important, recurring CEQA questions are answered by a recent court of appeal decision in a case involving the EIR for a California State University campus master plan: whether CEQA requires funding of mitigation for a project's effects on public services; and whether an adaptive mitigation program for traffic and parking impacts improperly defers decisions about mitigation.