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Coastal Commission Must Complete Environmental Review Under Its Certified Regulatory Program Before Approving Permit

Friends, Artists and Neighbors of Elkhorn Slough v. California Coastal Commission, 2021 WL 5905714 (No. H048088, 6th Dist., December 14, 2021) The court of appeal found that the California Coastal Commission erred by...more

Agreement to Extend Statute of Limitations for CEQA Claim Was Ineffective Because It Did Not Include an Indispensable Party

The Court of Appeal held that a CEQA challenge to a decision approving removal of trees adjacent to PG&E gas pipelines was time-barred because an agreement to toll the statute of limitations did not include PG&E, which was an...more

California Commits $15 Billion to Fighting Climate Change

Governor Gavin Newsom signed a $15 billion legislative package on September 23, 2021, funding efforts to combat climate change in California over the next three years. It is the largest climate investment package in the...more

Deliberate Delay in Prosecuting Brown Act Claims Warranted Dismissal Under Laches Doctrine

Plaintiff’s Brown Act claims were barred because unreasonable delay in prosecuting the lawsuit substantially prejudiced parties and the general public. Julian Volunteer Fire Company Association v. Julian-Cuyamaca Fire...more

Plaintiff Not Required to Submit Multiple Development Applications Before Bringing Takings Claim

Multiple applications for a development project are not required where the first permit denial makes clear that no development of the property would be allowed under any circumstance. Felkay v. City of Santa Barbara, No....more

FERC Plants the Seeds for DER Aggregators’ Participation in the RTO/ISO Markets: Work Must Be Done to See What Will Grow

The Federal Energy Regulatory Commission issued Order 2222 on September 17, 2020. The order amends its regulations with the expansive goal of removing barriers to distributed energy resource (DER) aggregations’ participation...more

County’s Blanket Classification of All Well Permits As Ministerial Under CEQA Was Improper

Where a county ordinance allowed for exercise of discretion in some circumstances regarding issuance of well construction permits, such permits could not categorically be classified as ministerial and hence exempt from CEQA...more

Condemned Property Not Used Within Ten Years Must Be Offered for Sale to Original Owner

The City of Los Angeles was required to offer to sell condemned property back to its original owner because the property had not been used and the City Council did not adopt a resolution reauthorizing the public use until 19...more

University Campus Was Not an Illusory Element of Project Under CEQA

The court of appeal found the EIR for a master planned community sufficient because it adequately described and analyzed impacts of the proposed project, which included a university, and was not required to consider the...more

Brown Act Violation Did Not Require Nullification of Project Approval Where No Prejudice Was Shown

The City of Lafayette violated the Brown Act by not including a litigation threat discussed in closed session in the agenda packet made publicly available before the meeting, but plaintiffs failed to show any prejudice...more

Judgment Against Plaintiffs’ Predecessors-in-Interest Fixed Tidelands Boundaries, Barring Plaintiffs’ Quiet Title and Inverse...

The court of appeal held that plaintiffs’ inverse condemnation and damages claims based on dredging in the bay adjacent to their properties was barred under the doctrine of res judicata based on a 1931 judgment conclusively...more

No Coastal Development Permit Required Where Coastal Commission Had Certified City’s Local Coastal Program

The City of San Diego was not required to obtain a coastal development permit for a transitional housing project because the Coastal Commission had certified the City’s local coastal program, whose provisions therefore...more

Untimely CEQA Suit Barred Regardless of Substantive Merits

The court of appeal held that CEQA claims filed more than 30 days after the City filed a facially valid Notice of Determination were barred by the statute of limitations regardless of whether the agency lacked authority to...more

Mitigated Negative Declaration Inadequate for Mixed-Use Project

The Second District Court of Appeal held that a project’s potentially significant environmental impacts required preparation of an EIR rather than the mitigated negative declaration adopted by the City. Save the Agoura...more

Zoning Ordinance Prohibiting Religious Assemblies Did Not Violate Religious Land Use and Institutionalized Person’s Act

A Riverside County zoning ordinance that removed religious assemblies as a permissible use in a particular zone did not violate the equal terms provision of the Religious Land Use and Institutionalized Person’s Act (RLUIPA)...more

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