News & Analysis as of

Environmental Policies Appeals Urban Planning & Development

Schwabe, Williamson & Wyatt PC

Oregon Wildfire Hazard and Wildland-Urban Interface Map Appeals Due March 10, 2025 ‎

For Oregon property owners, the Oregon Department of Forestry officially adopted new wildfire hazard and wildland-urban interface maps on January 7, 2025. To check a property’s designations and view the maps, go to Oregon...more

Alston & Bird

Land Use Matters February 2025 | CEQA Appellate Decisions & Other Legal Developments

Alston & Bird on

Los Angeles County - Executive Order Streamlines Path to Rebuild Homes, Businesses, and Communities Destroyed by Los Angeles Firestorms - In response to the multiple firestorms in Los Angeles County that started on January 7,...more

Ballard Spahr LLP

The 60-Day Appeal Clock is Ticking for Challenges to Oregon Wildfire Hazard Map Assignments

Ballard Spahr LLP on

Oregon property owners who are receiving notices from the state that their property is in a zone with high wildfire risk and in a designated wildland-urban interface have until March 7, 2025 to submit appeals. ...more

Goulston & Storrs PC

Appeals Court Shines Light on Solar Panel Protections

Goulston & Storrs PC on

Kearsarge Walpole LLC v. Zoning Board of Appeals of Walpole involved a dispute over where a large-scale solar array could be placed in Walpole, Massachusetts. In Kearsarge, a solar developer (Kearsarge), along with Norfolk...more

Perkins Coie

Approval of Class 32 Exemption Invalid Without Analysis of Project Consistency with Redevelopment Plan

Perkins Coie on

The Court of Appeal held that before issuing a CEQA Class 32 exemption, the City of Los Angeles was required to assess whether the project was consistent not only with the applicable zoning ordinance but also with the area’s...more

Sheppard Mullin Richter & Hampton LLP

California Court Holds Proposed Ballot Measure Excluding Community Plan Area from Height Limit Is Not a “Later Activity” For...

In late June, California’s Fourth District Court of Appeal upheld a Superior Court decision in Save Our Access v. City of San Diego, providing clarity for determining when a “later activity” is beyond the scope of an existing...more

Perkins Coie

EIR Recirculation Not Required Where Final Version of Approved Project Was Not Specifically Evaluated in EIR

Perkins Coie on

The Second District Court of Appeal held that: (1) despite revisions to a mixed-use development project, the project description in the EIR was “accurate, stable, and finite;” (2) an opportunity for public comment on the...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - Vol. 5, Issue 4 - December 2020

Welcome to CEQA News You Can Use, a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Courts Holds Categorical Classification of Well Permits As Exclusively “Ministerial” Does Not Hold Water

After a nearly two-year wait, in Protecting Our Water and Environmental Resources v. County of Stanislaus (2020) __ Cal.5th ____ (POWER), the California Supreme Court unanimously rejected the County of Stanislaus’s (County)...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

Perkins Coie

CEQA Year in Review 2019

Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The year 2019 saw several trailblazing opinions, indicating that courts continue to grapple with some of CEQA’s core policies. The...more

Farrell Fritz, P.C.

SEQRA Challenge Rejected by Appellate Court Because of Lack of Standing and Untimeliness of the Challenge

Farrell Fritz, P.C. on

Several prior blog posts discussed standing requirements under the State Environmental Quality Review Act (SEQRA) and the timeliness of challenging a SEQRA determination. A decision from the Appellate Division, Third...more

Farrell Fritz, P.C.

Court Decision Creates Conflicting Case Law with Respect to When to Challenge a SEQRA Final Determination

Farrell Fritz, P.C. on

The Appellate Division, Second Department, recently issued a decision that appears to be a departure from prior precedent and is certain to create confusion with respect to when to commence an Article 78 claim challenging a...more

Sheppard Mullin Richter & Hampton LLP

EIR for Downtown San Francisco Mixed-Use Project Upheld Under Supreme Court’s Newly Articulated Standard of Review

The belatedly published South of Market Community Action Network v. City and County of San Francisco (2019) ___ Cal.App.5th ___ (“South of Market”), is the first published decision in which the court applies the principles...more

White & Case LLP

UK Planning Policy on Shale Gas Found "Unlawful" by the High Court

White & Case LLP on

Climate change is an increasingly important concern for lawmakers and decision makers around the world. For companies and institutions looking to promote hydrocarbon projects in the future, climate change considerations may...more

Nossaman LLP

Fourth District Holds That Local Agency CDP Court Challenge Was Mooted by Administrative Appeal to Coastal Commission

Nossaman LLP on

On February 13, 2019, the Fourth District Court of Appeal in Fudge v. City of Laguna Beach (Feb. 13, 2019, G055711) __ Cal.App.5th ___, joined the First and Sixth Districts in holding that the Coastal Commission’s acceptance...more

Farrell Fritz, P.C.

Appellate Division Upholds Village of East Hampton’s Local Laws Enacted in 2015 Amending Zoning Code Provisions for Gross Floor...

Farrell Fritz, P.C. on

In 2015 the Village of East Hampton enacted five local laws reducing the maximum allowable gross floor area for residences, reducing the maximum permitted coverage for all structures, reducing the maximum allowable gross...more

Perkins Coie

CEQA Year In Review 2018

Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more

Farrell Fritz, P.C.

Defective SEQRA Determination Derails South Nassau Cultural Center

Farrell Fritz, P.C. on

A recent decision from the Nassau County Supreme Court, Healy v. Town of Hempstead Board of Appeals, overturned a municipal determination that granted special zoning exceptions and variances to a Greek Orthodox Church located...more

Latham & Watkins LLP

CEQA Case Report Year in Review 2017: Understanding the Judicial Landscape for Development

Latham & Watkins LLP on

California higher courts rule in favor of public agencies on small majority of environmental impact report cases. Over the course of 2017, Latham lawyers reviewed all 46 California Environmental Quality Act (CEQA) cases,...more

Perkins Coie

CEQA Year In Review 2017

Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - In 2017, the California Supreme Court issued two decisions involving highly controversial questions of first impression. In the...more

21 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide