News & Analysis as of

Construction Project Environmental Impact Report (EIR) Real Estate Development

Holland & Knight LLP

California's Summer Blockbuster, Continued!: Newly Enacted Non-Housing CEQA Reforms

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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

Miller Starr Regalia

First District Addresses Significant CEQA Issues Relating to Wildfire Risk, GHG Emissions, and Water Supply Impacts in Lake County...

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On November 22, 2024, the First District Court of Appeal’s (Div. 4) partially-published opinion in People of the State of California ex rel. Bonta v. County of Lake (Lotusland Investment Holdings, Inc., et al. Real Parties in...more

Downey Brand LLP

First District Holds that Analysis of Development’s Increased Wildfire Risk is a Necessary Component of Project EIR

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In People ex rel. Bonta v. County of Lake (2024) 105 Cal.App.5th 1222, the First District Court of Appeal held that the Final EIR (“FEIR”) and associated errata for a proposed mixed-use development project, located in a rural...more

Miller Starr Regalia

Fight On! After Grant and Transfer, Second District Holds Upon Reconsideration that Resident Noise Does Not Preclude CEQA Class 32...

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In a partially published opinion filed October 31, 2024, the Second District Court of Appeal (Div. 1) held, in light of AB 1307 and the Supreme Court’s decision in Make UC a Good Neighbor v. Regents of University of...more

Miller Starr Regalia

In Writ Action Attacking Vesting Tentative Map Approval, Second District Holds Plaintiffs’ Failure to Comply With Subdivision Map...

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In a published opinion filed October 21, 2024, the Second District Court of Appeal (Div. 7) reversed a judgment entered after the trial court granted without leave a real party developer’s motion for judgment on the...more

Alston & Bird

Land Use Matters August 2024 – CEQA Appellate Decisions & Other Legal Developments

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City of Los Angeles - Increase to Planning Applications and Affordable Housing Linkage Fees - On July 1, 2024, the fee for planning and land use applications increased by 3.5% based on the Consumer Price Index for All Urban...more

Miller Starr Regalia

Reversal of Misfortune: Second District Holds CEQA Action Challenging Los Angeles Housing Development Project Barred By Statute of...

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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

Downey Brand LLP

Downey Brand Compilation of Published CEQA Cases in 2023

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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

Downey Brand LLP

Court Upholds Master Plan EIR’s Climate Change Analysis that Used Sector and Region-Specific Data to Develop a Threshold of...

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In Tsakopoulos Investments v. County of Sacramento (2023) 95 Cal. App. 5th 280, the Third District Court of Appeal (“Court”) upheld the County of Sacramento’s (“County”) certification of the Mather South Community Master Plan...more

Miller Starr Regalia

First District Affirms Judgment Upholding UCSF’s EIR for Long-Range Development Plan Substantially Increasing Parnassus Heights...

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In a partially published opinion filed September 20, 2023, the First District Court of Appeal (Div. 3) affirmed the Alameda County Superior Court’s judgments denying writ petitions in three partially consolidated CEQA actions...more

Miller Starr Regalia

Third District Affirms Judgment Denying CEQA Writ Petition Challenging Sacramento County’s Approval of Mather South Community...

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In a partially published opinion filed on September 7, 2023, the Third District Court of Appeal affirmed a judgment denying a CEQA challenge to Sacramento County’s approval of a mixed-use development project known as the...more

Alston & Bird

Land Use Matters July 2023 – CEQA Appellate Decisions & Other Legal Developments

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CITY OF LOS ANGELES - Site Plan Review Exemption for Affordable Housing - On June 30, 2023, the city council adopted an amendment to the Site Plan Review Ordinance to exempt deed-restricted affordable housing units from...more

Perkins Coie

Compensatory Mitigation Infeasible for Loss of Historic Building

Perkins Coie on

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

Miller Starr Regalia

Fourth District Holds Addendum To 2010 Program EIR For Irvine Business Complex Vision Plan Violated CEQA Because Conclusion That...

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In a published opinion filed February 6, 2023, the Fourth District Court of Appeal (Div. 3) affirmed a judgment setting aside an addendum to a 2010 program EIR (PEIR) and accompanying approvals for a 275,000-square foot...more

Holland & Knight LLP

California Court of Appeal Decision Frustrates Capitol Annex Plans

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In a largely unanimous ruling, a three-judge panel of the California Third District Court of Appeal granted an appeal on Dec. 6, 2022, pursuant to California Environmental Quality Act (CEQA) that threatens to frustrate...more

Miller Starr Regalia

Miller Starr Regalia Prevails in Landmark Housing Accountability Act Case

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The Terraces of Lafayette is a 315-unit housing development project in Lafayette, California that is perhaps the poster child project under the state’s most important housing production law, known as the Housing...more

Miller Starr Regalia

First District Holds EIR’s Analysis of “No Project” Alternative To City of Livermore Residential Development Violated CEQA By...

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In a published decision filed March 30, 2022, the First District Court of Appeal (Division 5) reversed a trial court judgment upholding the reissued final environmental impact report (“RFEIR”) for a 44-single family residence...more

Alston & Bird

Land Use Matters: January 2021

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We are pleased to once again present Land Use Matters, our publication that provides updates on new CEQA court decisions as well as planning developments for the City of Los Angeles and the County of Los Angeles. We realize...more

Farrell Fritz, P.C.

Big Changes in the Village of Westbury: Zoning Amendment Sows the Seeds for New Transit-Oriented Development

Farrell Fritz, P.C. on

On December 5, 2019, the Village of Westbury Board of Trustees adopted legislation creating the Maple Union Transit-Oriented Development District (or “Maple Union TOD”)....more

Stinson LLP

CATEX Controversy: The Ninth Circuit Strikes Down FAA Decision to Exempt a Sea-Tac Operational Change from Environmental Review

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The process for approving changes in airport operations and development projects may now be more complicated, time-consuming, expensive and uncertain, due to a new federal appeals court decision. The decision faults the...more

Farella Braun + Martel LLP

Changing Climate, Changing Laws: Addressing CEQA’s New Wildfire Risk Requirements in Project Development

Wildfires pose an increasingly serious threat to the public and environment in California. So it should be no surprise that the Governor’s Office of Planning and Research (OPR) amended Appendix G of California Environmental...more

Sheppard Mullin Richter & Hampton LLP

Court of Appeal Rules HERO Cannot Save Previously Vacated Rental Units

Recent Cases - Land Use and Entitlements The Second District Court of Appeal rejected a California Environmental Quality Act challenge to a mitigated negative declaration for a 24-room boutique hotel (the “Project”) in...more

Farrell Fritz, P.C.

Time-Frames for Prosecuting an Article 78 Challenge May Be Shorter Than You Think

Farrell Fritz, P.C. on

In Rimler v. City of New York, 2019 N.Y. Slip Op. 03599 (2d Dept, May 8, 2019), which involved a challenge to the issuance of a negative declaration, the Appellate Division, Second Department, affirmed a judgment of the...more

Alston & Bird

Land Use Matters - February 2019

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Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. ...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

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