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Construction Industry California Environmental Quality Act Real Estate Development

Perkins Coie

VMT Thresholds Must Be Based on Substantial Evidence Specific to Local Conditions

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The County of San Diego’s thresholds for exempting certain projects from vehicle miles traveled (VMT) analysis were not supported by substantial evidence showing they were appropriate specifically for the County. Cleveland...more

Meyers Nave

Governor Newsom’s January 12, 2025 Executive Order on Wildfire Recovery – CEQA Suspension and Key Provisions

Meyers Nave on

On January 12, 2025, California Governor Gavin Newsom issued an Executive Order in furtherance of his January 7 State of Emergency declaration to expedite recovery efforts following the devastating fires in Los Angeles and...more

Perkins Coie

Compensatory Mitigation Infeasible for Loss of Historic Building

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The Court of Appeal upheld the City’s determination that compensatory mitigation for the loss of a historic building in the form of funding of other historic preservation was not feasible because there were no other buildings...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - Vol. 8, Issue 1

Noisy college students, the new CEQA impact? Would you be surprised to learn that college students can throw noisy parties? Uh, no, but it may be a surprise that they constitute a potentially significant environmental impact...more

Latham & Watkins LLP

CEQA Case Report: 2021 Year in Review

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CEQA Case Report: Understanding the Judicial Landscape for Development - Public agencies prevailed in 71% of CEQA cases analyzed. Latham & Watkins is pleased to present its fifth annual CEQA Case Report. Throughout...more

Holland & Knight LLP

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

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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

Latham & Watkins LLP

CEQA Case Report: 2020 Year in Review

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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

Nossaman LLP

[Webinar] A Path to Transit and Transportation Project Success in the Wake of the Pandemic: A Panel Discussion Among Legal...

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Please join our interdisciplinary panel of infrastructure, environmental, real estate and eminent domain attorneys for a discussion on planning, procurement and financing strategies that can be implemented now to support...more

Best Best & Krieger LLP

CEQA Document Filing Fees Increase for 2020

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California Department of Fish and Wildlife Annual Adjustments - The California Department of Fish and Wildlife announced an increase in filing fees for all California Environmental Quality Act Notices of Determination...more

Buchalter

California Courts Close Loopholes in Definition of “Project” Under CEQA

Buchalter on

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

Downey Brand LLP

First District Rejects “Location Exception” for Project in Earthquake Fault and Landslide Areas and Affirms Class 3 Exemption for...

Downey Brand LLP on

In Berkeley Hills Watershed Coalition v. City of Berkeley (2019) 31 Cal.App.5th 880 [certified for partial publication], the Court of the Appeal for the First District affirmed that the construction of three new single-family...more

Best Best & Krieger LLP

CEQA Compliance for Businesses - BB&K’s Charity Schiller and Amanda Daams Warn Why Businesses Should Heed CEQA’s Changing...

Businesses seeking discretionary approvals or development permits are often subject to the California Environmental Quality Act. CEQA, the state’s environmental protection law, requires California public agencies to analyze...more

Coblentz Patch Duffy & Bass

Update On SF Planning Department’s Streamlined Review Procedures for Development Projects

In February, the San Francisco Planning Department issued the first quarterly performance report for implementation of its Process Improvements Plan, a program intended to overhaul the project review process. ...more

Latham & Watkins LLP

California Supreme Court Clarifies Standard of Review for EIRs and Requirements for Air Quality Impact Analyses

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CEQA Case Report: Understanding the Judicial Landscape for Development - In a published opinion issued December 24, 2018, Sierra Club v. County of Fresno, Case No. S219783, the California Supreme Court determined that an...more

Pillsbury - Gravel2Gavel Construction & Real...

Assessing SB 35—Success or Failure?

In September 2017, the California legislature and Gov. Jerry Brown enacted Senate Bill 35 (SB 35) to streamline housing development in cities that are not meeting their housing needs. SB 35 is aimed at easing California’s...more

Sheppard Mullin Richter & Hampton LLP

California Housing Legislation (2017-2018)

State lawmakers passed over 1,200 bills this year, the most in more than a decade according to sources. Governor Brown signed 1,016 into law as of September 30th. Below is a summary of the bills signed into law regulating the...more

Best Best & Krieger LLP

Appellate Court Rejects Challenges to Residential Development in Montebello - BB&K Defends City from CEQA, Brown Act and Planning...

In a decision that allows progress on development of new housing in a time of great need in California, a California appellate court upheld a trial court ruling that had rejected several legal challenges to a residential...more

Best Best & Krieger LLP

The Governor’s Housing Package - Affordable Housing Production in California Gets a Boost from Sacramento

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A package of 15 new housing bills will have far-reaching implications for every city in California. Collectively, these new laws are meant to significantly boost affordable housing production by removing local land use...more

Perkins Coie

Courts Must Defer to Agency Determination on Whether a Changed Project is a New Project

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In Friends of the College of San Mateo Gardens v. San Mateo County Community College District (Supreme Court No. S214061, filed Sept. 19, 2016), the California Supreme Court resolved the vexing question of whether a change to...more

Best Best & Krieger LLP

California Governor Extends CEQA Litigation Streamlining Provisions for Large Projects Promoting Job Creation and Innovative...

Law Will Expedite Schedules for Qualified Projects - On Friday, Gov. Jerry Brown signed into law a bill extending special California Environmental Quality Act litigation streamlining provisions for large,...more

Holland & Knight LLP

West Coast Real Estate Update: June 2016 #1

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California Governor Proposes "Build By Right" Approval Process for Affordable Housing - Recognizing the extreme need throughout California for construction of new affordable housing units, on May 13, 2016, Gov. Jerry...more

Holland & Knight LLP

Corner Briefing: California Land Reuse and Revitalization Act

Holland & Knight LLP on

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

Miller Starr Regalia

Horse Of A Different Color: CEQA Does Not Require EIR Due To Psychological And Social Impacts From Closure Of Beloved Equestrian...

Miller Starr Regalia on

In a March 4, 2016 published opinion, the Fourth District Court of Appeal reversed the trial court’s judgment requiring an EIR for a small 12-home rural subdivision project based on the “psychological and social” impacts of...more

Miller Starr Regalia

California Supreme Court Holds “CEQA-In-Reverse” Is Not The Norm, Reverses And Remands First District’s Judgment In CBIA v. BAAQMD

Miller Starr Regalia on

In a unanimous 24-page opinion authored by newly seated Justice Cuellar and filed December 17, 2015, the California Supreme Court resolved a fundamental issue regarding CEQA’s scope, holding that – with certain specific...more

Greenberg Glusker LLP

CEQA Lead Agencies Do Not Waive Defense that CEQA Did Not Apply Despite Proceeding under CEQA

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Recently, the court in Rominger v. County of Colusa found that a lead agency which approved a mitigated negative declaration for a project, can take the seemingly inconsistent position that the proposed project was not a...more

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