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US Supreme Court Decision Invites Scrutiny of Legislatively Imposed Impact Fees

The unanimous opinion holds that development impact fees established through the legislative process are subject to constitutional scrutiny as potential regulatory takings. The Takings Clause of the Fifth Amendment to the...more

Webcast: 2021 CEQA Year in Review - CEQA’s Effects on Development in California

We analyze the key CEQA cases from 2021 and their effects on development in California this year and beyond. Every year, we publish a comprehensive summary of California Environmental Quality Act (CEQA) judicial opinions and...more

CEQA Case Report: 2020 Year in Review

CEQA Case Report: Understanding the Judicial Landscape for Development - Public agencies prevailed in 68% of CEQA cases analyzed. Latham & Watkins is pleased to present its fourth annual CEQA Case Report. Throughout...more

California Court of Appeal Rejects City’s MND in Historic District Due to Aesthetic and Traffic Impacts

CEQA Case Report: Understanding the Judicial Landscape for Development - In an opinion published on August 9, 2018, Protect Niles v. City of Fremont, Case No. A151645, the First Appellate District of the California Court...more

California Supreme Court: CEQA Requires Study of Potential Impacts to ESHA

Lead agencies cannot ignore the Coastal Act’s ESHA requirements in CEQA documents and defer analysis for later Coastal Commission review. Key Points: ..CEQA requires an EIR to identify potential environmentally...more

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