News & Analysis as of

Construction Project Environmental Review

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

Meyers Nave

2024 California Developers’ Toolkit: Density Bonus Law, Housing Laws, & Strategies for Success

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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

Akerman LLP

Green Fast Track for Housing Regulations Seek to Expedite Housing Development in New York

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New York City recently amended the City Environmental Quality Review (CEQR) regulations to exempt small residential developments from environmental review. The regulations, called "Green Fast Track for Housing," seek to...more

Downey Brand LLP

Project’s Completion Did Not Moot CEQA Claim

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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

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

Filing Multiple NODs does not Restart Statute of Limitations

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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

Farrell Fritz, P.C.

Exact Compliance with SEQRA Architectural Conditions Are Enforceable

Farrell Fritz, P.C. on

Recently in BMG Monroe I, LLC v. Village of Monroe Zoning Board of Appeals, the Second Department reinforced strict compliance with all State Environmental Quality Review Act (“SEQRA”) visual impact findings and mitigation...more

Nossaman LLP

Right of Way 101

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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

Coblentz Patch Duffy & Bass

2023 Housing Legislation Overview – Major Signed and Pending Bills

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

Perkins Coie

Athletic Field Lighting Project Not Categorically Exempt from CEQA

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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

Miller Starr Regalia

A “Capitol” Offense: Third District Holds State Capitol Building Annex/Visitor Center Project EIR Violated CEQA Due To Inadequate...

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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

Miller Starr Regalia

“Yes, San Francisco, There Is A CEQA”: First District Reverses Judgment Upholding City’s Categorical Exemption Determinations For...

Miller Starr Regalia on

“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

Perkins Coie

Certification of Howard Terminal Project for Streamlined CEQA Review Under AB 734 Was Not Subject to AB 900 Deadlines

Perkins Coie on

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

Holland & Knight LLP

California Court Clarifies 5-Acre Maximum Project Site Requirement Under CEQA Infill Exemption

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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

Downey Brand LLP

Petitioners Strike Out—Court Finds Statutory Deadline Does Not Preclude Streamlining of Oakland A’s Stadium Project

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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

Nossaman LLP

On-Demand Webinar | The New NEPA Regulations: A Practical Guide to What You Need to Know

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In September 2020, the Council on Environmental Quality enacted new regulations that set forth procedures federal agencies are to utilize when implementing the National Environmental Policy Act (NEPA). Numerous commentaries...more

Nossaman LLP

Podcast: CEQA Streamlining for Transportation Projects

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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

Nossaman LLP

[Webinar] The New NEPA Regulations: A Practical Guide to What You Need to Know - December 10th, 10:30 am - 12:00 pm PT

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In September 2020, the Council on Environmental Quality enacted new regulations that set forth procedures federal agencies are to utilize when implementing the National Environmental Policy Act (NEPA). Numerous commentaries...more

Farrell Fritz, P.C.

A Win for Wind Power: Court Affirms Decision to Forgo Supplemental SEQRA Review of 600-Foot Wind Turbines

Farrell Fritz, P.C. on

The controversy in Matter of McGraw v Town Board of Town of Villenova (4th Dept Docket No CA 19-01362, Aug. 20, 2020) arose from the environmental review conducted on a proposed wind farm in upstate New York. The developer of...more

Miller Starr Regalia

Legislature Enacts SB 288 to Provide New and Expanded CEQA Exemptions for Sustainable Public Transportation Projects

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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

Downey Brand LLP

Next Up for the Oakland A’s new stadium plan: another lawsuit

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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

Best Best & Krieger LLP

California Supreme Court Clarifies Ministerial vs. Discretionary Actions Under CEQA for Well Construction Permits

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

Farrell Fritz, P.C.

When it Comes to SEQRA, Reasonable Agencies Are Allowed to Disagree

Farrell Fritz, P.C. on

In SEQRA litigation, there is an oft-quoted proposition that the Lead Agency may not abdicate or defer its responsibilities under SEQRA to another agency. See Riverkeeper, Inc. v. Planning Bd. of Town of Se., 9 N.Y.3d 219,...more

Farrell Fritz, P.C.

Village’s Vitiation of Riparian Rights Survives Initial Challenge

Farrell Fritz, P.C. on

In Akeson v Inc. Vil. of Asharoken, 2019 NY Slip Op 32756(U), Index No. 57/2018 (Sup Ct, Suffolk County 2019), the Supreme Court dismissed a petition challenging the Incorporated Village of Asharoken’s (“Asharoken”) decisions...more

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