From Permits to Penalties: A Deep Dive Into Coastal Development Law
Navigating Environmental Restrictions on Alternative Project Delivery for Complex Infrastructure Projects
On-Demand Webinar | Charting a Course for Offshore Wind Energy in California
[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018
[WEBINAR] Building a Solar Energy Project in 2018
How Trump's Infrastructure Plan Impacts the Energy Industry
BB&K's Charity Schiller Discusses CEQA Baseline
Senate Bill (SB) 131 includes important California Environmental Quality Act (CEQA) exemptions for qualified advanced manufacturing projects, health centers and rural clinics, childcare centers, food banks, farmworker...more
The California Legislature has continued to refine the Density Bonus Law over the years, making important updates to housing laws that impact developers across the state. Recent legislative changes include key updates on...more
Introduction - On March 29, 2024, the First District Court of Appeal issued its partially published opinion in the case of Vichy Springs Resort, Inc. v. City of Ukiah (2024) 101 Cal.App.5th 46....more
In a published opinion filed on January 17, 2024, the Second District Court of Appeal (Div. 5) reversed a trial court judgment overturning a mitigated negative declaration (MND) and requiring an EIR for a 42-single family...more
2023 served up roughly the same number of published appellate CEQA cases as 2022 with a defense win percentage of over 80 percent, which has been the case in many, if not all, of the past ten years. A prominent theme of...more
In Guerrero et al v. City of Los Angeles (January 17, 2024, No. B326033 c/w B327032) ___Cal.App.5th___, the Second District Court of Appeal held that the project opponents did not timely file their CEQA lawsuit. The...more
This past week I had the opportunity to attend the International Right of Way Association’s (IRWA) Region 1 Fall Forum and Symposium in San Diego, California. On Friday, Brad Kuhn and I presented an update on recent federal...more
The 2023 California Legislative Session, which closed on September 14, was dominated yet again by efforts to address the state’s continued housing crisis. For the last several years, we have written about many bills enacted...more
The First District Court of Appeal overturned the City of San Francisco’s decision that Saint Ignatius High School’s project to install four permanent 90-foot-tall athletic field lights was exempt from CEQA. Saint Ignatius...more
In a published opinion filed December 6, 2022, the Third District Court of Appeal reversed in part and affirmed in part the trial court’s judgment denying writ petitions in consolidated actions challenging the EIR for a major...more
“Yes, Virginia, there is a Santa Claus.” – Editorial by Francis Pharcellus Church first appearing in New York newspaper The Sun on September 21, 1897 - In keeping with the spirit of the holiday season, it is entirely fitting...more
A California Court of Appeal held that special legislation providing fast-track judicial review to the Howard Terminal Project did not impose a deadline for the Governor to certify the project for streamlined environmental...more
In a recently published decision and a case of first impression, the California Court of Appeal has held that development limited to a 2.38-acre portion of an existing 12-acre shopping center qualified for the "infill...more
In August 2021, the First District Court of Appeals issued an opinion in Pacific Merchant Shipping Association v. Newsom, where the court held that Public Resources Code section 21168.6.7 does not impose on the Governor a...more
The California Environmental Quality Act (CEQA) requires state and local government agencies to identify potentially significant environmental impacts of proposed projects and to reduce those impacts wherever feasible. For...more
Senator Scott Weiner’s Senate Bill (SB) 288 has passed both houses of the California Legislature, and was enrolled for proofing on September 4, 2020, prior to its delivery to the Governor for signature. The new law’s...more
While some have been enjoying the return of baseball, albeit without fans in the stands, the Oakland A’s are moving forward with their game plan for a new stadium in the Port of Oakland. However, relations with their...more
Decision in Protecting Our Water and Environmental Resources v. County of Stanislaus Case - In a long-awaited decision, the California Supreme Court addressed the circumstances under which a public agency may characterize...more
In this op-ed for pv magazine, David Lazerwitz and Linda Sobczynski of Farella Braun + Martel examine the levels of precaution necessary to ensure fire risk mitigation in project development. Originally published in...more
During the week of August 19, 2019, both the Appellate and Supreme Courts of California issued decisive opinions clarifying the parameters of agency action subject to environmental review under the California Environmental...more
The Fourth District Court of Appeal (Div. 1) held in a published opinion filed October 24, 2018, that CEQA Guidelines § 15164 validly establishes an addendum process that is consistent with the CEQA statute, implementing and...more
On October 24, 2018, the Fourth Appellate District upheld the trial court’s decision in Save Our Heritage Organization v. City of San Diego (D073064), finding that the use of an addendum as outlined in section 15164 of the...more
The Fourth District Court of Appeal held that the project baseline under CEQA for construction of a new home did not include demolition of a potential historic structure that had occurred before submittal of a permit...more
San Francisco Ordinance Invalidated in Victory for Landlords - In Coyne v. City and County of San Francisco, No. A145044 (Cal. Ct. App. Mar. 21, 2017), the California Court of Appeal invalidated a San Francisco...more