Quick Guide to Administrative Hearings
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The various approvals, permits, orders of conditions, and the like that may be required to proceed with work on a given project can seem daunting at times. And when a project’s proposed use is not automatically authorized...more
Much is discussed every year in the Legislature about how the California Environmental Quality Act (“CEQA”) needs reform. But the calls for change nearly always fail, aside from a few tinkering changes. This year is...more
Signed into law in January 2021, the Massachusetts Bay Transportation Authority (MBTA) Communities Act (the Communities Act) requires all 177 cities and towns with access to MBTA public transportation (e.g., commuter rail,...more
On Tuesday, June 24, 2025, the California Court of Appeal heard argument in Sheetz v. County of El Dorado. You may recall that the California Court of Appeal previously held that legislatively enacted development impact fees...more
In a published opinion filed March 27, 2025, the Fourth District Court of Appeal (Div. 1) reversed the trial court’s judgment denying a writ petition, and held that two screening thresholds of significance for vehicle miles...more
2024 has been a year with a continued focus on the Nationally Significant Infrastructure Planning (‘NSIP’) planning regime by both the predecessor and current government. Reforms to make the regime faster and more effective...more
The process of securing development consent (a DCO) for a major scheme can take many years. The decision of the Government on whether to grant the DCO is made at the end of that process and is subject to ‘judicial review’ by...more
On May 20, 2021, California Governor Gavin Newsom signed into law Senate Bill 7, known as the Housing and Jobs Expansion and Extensions Act, which extends expedited California Environmental Quality Act (CEQA) judicial review...more
Aside from the long-awaited “Planning for the Future” White Paper, the big planning and development talking points of the summer have been the radical reforms to the Use Classes Order and the Permitted Development Rights...more
At the end of June, in Hill RHF Housing Partners, L.P. v. City of Los Angeles, the Court of Appeal upheld the trial court’s denial of a challenge to the City of Los Angeles’s June 2017 establishment of the Downtown Center...more
The recent judicial review in R (Holborn Studios) v London Borough of Hackney raises important considerations for developers and planning authorities in terms of financial details to be disclosed in viability assessments...more
In what passes for high drama in the world of Massachusetts land use law, the Supreme Judicial Court (SJC), after hearing oral argument last Thursday in an important case involving standing in zoning appeals, entered an order...more
When landowners oppose a project that involves the rezoning of a neighboring property, they almost always have the opportunity to air their grievances through a public hearing process. If the rezoning is approved over their...more
The Sierra Club decision affects both the preparation of EIRs and judicial review of agency decisions certifying EIRs. Key Points: ..An environmental impact report’s (EIR) discussion of potential environmental impacts...more
LUPA was enacted to provide a uniform, expedited appeal procedure to provide a consistent, predictable, and timely judicial review. To this end, Washington case law has established that LUPA procedural requirements are...more
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
In a long-awaited decision, on December 24, 2018 the California Supreme Court in Sierra Club v. County of Fresno (S219783) affirmed, in part, and reversed, in part, the Fifth District Court of Appeal’s decision concerning a...more
On November 2, 2017, the Supreme Court of Canada released its decision in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54. This case dealt with a novel argument related to the...more
A quasi-judicial land use proceeding requires an impartial decisionmaker, like any courtroom proceeding. State law does its best to spell out what constitutes an "impermissible violation[] of due process"...more
Lawsuits under the California Environmental Quality Act (“CEQA”) typically proceed as petitions for administrative mandamus. This means the petitioner is asking the court to review an agency’s decision and ultimately issue a...more
The California Supreme Court’s involvement in CEQA cases has been relatively limited since he statute’s enactment in 1970, with the court taking review of at most one or two appellate court decisions a year. The last two...more