News & Analysis as of

California Environmental Quality Act Statutory Interpretation

Perkins Coie

Catch-All Provision in County Application Checklist Violated Permit Streamlining Act

Perkins Coie on

A Court of Appeal held that a provision in the County of Amador’s checklist for an encroachment permit requiring "[o]ther information as may be required" violated the Permit Streamlining Act. Old Golden Oaks LLC v. County of...more

Miller Starr Regalia

Fifth District Holds State Water Board’s Adoption of Regulations Requiring New Test for Whole Effluent Toxicity Violated Federal...

Miller Starr Regalia on

In a lengthy and highly technical published opinion filed August 5, 2025, the Fifth District Court of Appeal partly reversed and partly affirmed a judgment that had upheld the State Water Resources Control Board’s (“State...more

Procopio, Cory, Hargreaves & Savitch LLP

California’s 2025 CEQA Reforms: Impacts and Ambiguities with New Housing and More

In an effort to tackle California’s persistent housing shortage and accelerate infrastructure development, California has enacted the most substantial reform to the California Environmental Quality Act (CEQA) in decades and...more

Allen Matkins

Challenging the Industrial Exodus: Legal Lessons from Santa Ana’s Planning Reboot

Allen Matkins on

The City of Santa Ana (City) has recently undertaken an ambitious — and highly controversial — effort to reshape the landscape of its historically industrial-centric Transit Zoning Code (TZC) district. Through the adoption of...more

Miller Starr Regalia

Third District Holds County Could Require Supplemental Environmental Information From Grading Permit Applicant As Condition of...

Miller Starr Regalia on

Like a gift to land use lawyers that never stops giving, the strange and wondrous interrelationship between CEQA and the Permit Streamlining Act (“PSA”; Gov. Code, § 65920 et seq) continues to inspire litigation and require...more

Hanson Bridgett

The Supreme Court Takes Aim at NEPA

Hanson Bridgett on

On May 29, 2025, the Supreme Court issued its Opinion in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al., one of the most high-profile National Environmental Policy Act, or NEPA, cases to reach...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

Allen Matkins

90-Day Statute of Limitations Applies to Final Planning and Zoning Decisions by Non-Legislative Bodies and Public Officials

Allen Matkins on

Planning and zoning decisions by a non-legislative body or public official authorized under a municipal code are subject to the 90-day statute of limitations of Government Code section 65009(c)(1), the court of appeal ruled...more

Miller Starr Regalia

A CEQA Trustee Agency “Muscles Up”: Third District Holds Department of Fish and Wildlife’s Newly Exercised Power To Require Notice...

Miller Starr Regalia on

Under CEQA, a “trustee agency” is a “state agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California” and “[t]he California Department of...more

Miller Starr Regalia

Paper or Plastic? A Question for California's Courts

Miller Starr Regalia on

The California Environmental Quality Act, better known as “CEQA,” has proved to be fertile ground for the raising of legal challenges to public agency action throughout the state. Indeed, CEQA is without a doubt one of the...more

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