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Court Upholds City's Reliance on CEQA Exemption, Reaffirms Canons of Statutory Interpretation

In April 2021, a developer applied to the City of King City, California (City), for a proposed 18,000-square-foot Grocery Outlet store (Project). The Project site was a former 1.6-acre car sales lot adjacent to Highway 101...more

California Court of Appeal Decision Frustrates Capitol Annex Plans

In a largely unanimous ruling, a three-judge panel of the California Third District Court of Appeal granted an appeal on Dec. 6, 2022, pursuant to California Environmental Quality Act (CEQA) that threatens to frustrate...more

Anti-Housing CEQA Lawsuits Filed in 2020 Challenge Nearly 50% of California’s Annual Housing Production

Holland & Knight Partner Jennifer L. Hernandez, leader of the firm's West Coast Land Use and Environmental Group, recently authored an industry report for the Center for Jobs & The Economy, whose mission is to identify and...more

Environmental Leadership Development Project (ELDP) Eligibility Criteria: A Checklist

As previously reported, California Senate Bill (SB) 7, the Jobs and Economic Improvement Through Environmental Leadership Act of 2021, was signed into law by Gov. Gavin Newsom on May 20, 2021, and became effective...more

SB 7 Creates Expedited CEQA Litigation Schedule for Qualifying Projects

Signed into law by California Gov. Gavin Newsom on May 20, 2021, and taking immediate effect as an "urgency statute," Senate Bill (SB) 7 revives and expands the previously enacted Environmental Leadership Development Project...more

West Coast Land Use Posts Banner Year for Entitlement Approvals in California

In the depths of the COVID-19 pandemic, 2020 was – somewhat surprisingly – a banner year for securing entitlement approvals. Holland & Knight's West Coast Land Use and Environmental Group secured approvals for approximately...more

California Supreme Court Declines to Find Permit Regime "Categorically" Discretionary Under CEQA

In a closely watched case, Protecting Our Water & Environmental Resources v. County of Stanislaus (POWER), Case No. S251708 (Aug. 27, 2020), the California Supreme Court has issued its first significant decision about the...more

Judicial Council Ends Tolling of Statute of Limitations to Bring Civil Suits, Effective Aug. 3

The California State Judicial Council amended California Rule of Court, Emergency Rule No. 9, on May 29, 2020, lifting its previously adopted indefinite tolling of the limitation period to bring civil lawsuits. The amended...more

California Housing Production Bills Focus on CEQA and a Pandemic

Despite a record-breaking 19 housing bills that were signed into law in 2019, California's housing supply and homelessness crisis continues and has been further exacerbated by the coronavirus (COVID-19) pandemic. On May...more

California Executive Order Suspends Certain CEQA Noticing and Posting Requirements

In response to COVID-19, on April 23, 2020, California Gov. Gavin Newsom issued Executive Order N-54-20, which, among other things, suspends for 60 days (starting April 23, and ending June 22, 2020) certain noticing and...more

4/27/2020  /  CEQA

California Rules of Court Amendments Lead to Requests for Clarification Regarding CEQA Lawsuits

In response to the COVID-19 pandemic, the California Judicial Council on April 6, 2020, introduced amendments to the California Rules of Court, which are effective immediately and impact a broad suite of criminal and civil...more

Environmental Screening Levels Ratchet Down: Implications for Regional Land Development - Corner Briefing: January 2019

This Corner Briefing highlights new Environmental Screening Levels (ESLs) established by the San Francisco Regional Water Quality Control Board on Jan. 24, 2019. The new ESLs have the potential for making sites that cleared...more

California HCD Issues Final Guidelines for Streamlined Ministerial Permitting - Guidelines Have the Force of Law in Implementing...

The California Department of Housing and Community Development (HCD) on Nov. 29, 2018, issued its final Guidelines for the implementation of Senate Bill 35 of 2017 (SB 35). SB 35 requires most local governments to issue...more

California Issues Initial Implementation Guidance on 2017 Housing Laws - HCD Identifies Jurisdictions Where Local Governments Must...

• One of the most notable laws in California's package of housing laws passed by the State Legislature and signed by Gov. Jerry Brown in 2017 is SB 35, which requires most local governments to issue housing developers...more

California Supreme Court Rejects Attorney General's Challenge to SANDAG's Transportation Plan

The California Supreme Court, in a 6-1 ruling, in Cleveland National Forest Foundation, et al v. San Diego Association of Governments (2017) ___ Cal. 5th __, Supreme Court Case No. 5223603 held that San Diego Association of...more

California Court of Appeal Strikes Down CARB's Second Review of Low Carbon Fuel Standards - Decision Keeps LCFS Regulations in...

POET, LLC v. State Air Resources Board (POET II) is the second chapter in the California Air Resources Board's (CARB) troubled history meeting its California Environmental Quality Act (CEQA) compliance obligations while also...more

Reliance on 1998 EIR Under CEQA Upheld Based on Substantial Evidence

In The Committee for Re-Evaluation of the T-Line Loop v. San Francisco Municipal Transportation Agency, et al., California's First District Court of Appeal is the first appellate court to apply the California Supreme Court's...more

"In the Name of the Environment" Update - 13,946 Housing Units – and 200-bed Homeless Shelter – Targeted by Recent CEQA Lawsuits...

Holland & Knight's West Coast Land Use and Environment Practice Group has provided an update to its "In the Name of the Environment" report, detailing California Environmental Quality Act (CEQA) lawsuits that targeted housing...more

Corner Briefing: California Land Reuse and Revitalization Act

This is the second edition in an ongoing series of "Corner Briefings" highlighting urban infill legal tools and opportunities. These updates identify new legal cases, legislative updates, grant opportunities and other urban...more

Practical Recommendations for Implementing California Supreme Court's Latest CEQA Decision - Court: CEQA Does Not Generally...

In California Building Industry Association (CBIA) v. Bay Area Air Quality Management District (BAAQMD), the California Supreme Court held that the California Environmental Quality Act (CEQA) generally does not require...more

CEQA Judicial Outcomes: Fifteen Years of Reported California Appellate and Supreme Court Decisions

This report analyzes all published opinions from 1997 through 2012 litigated to the California Court of Appeal or the California Supreme Court concerning the analytical validity of an Environmental Impact Report (EIR) or...more

OPR Proposes to Increase CEQA’s Costs, Complexity, and Litigation Risks with SB 743 Implementation

On August 6, 2014, the Governor's Office of Planning and Research (OPR) issued proposed revisions to the California Environmental Quality Act (CEQA) guidelines implementing SB 743 – the Sacramento Kings arena bill – carried...more

Landmark Decision Issued on Proper Environmental Baseline under

In a recent landmark California Environmental Quality Act ("CEQA") decision, Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2013) 57 Cal.4th 439 (Smart Rail), the California Supreme Court issued its...more

Analysis Of Recent Challenges To Environmental Impact Reports

This report analyzes 95 published opinions from 1997 to 2012 in which CEQA plaintiffs litigated the validity of an Environmental Impact Report (EIR) to the California Court of Appeal or Supreme Court. Among its...more

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