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Alston & Bird

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

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City of Los Angeles Planning Department - Annual Increase to Planning Applications and Affordable Housing Linkage Fees - On July 1, 2024, the annual increases to the Planning and Land Use Fees and the Affordable Housing...more

Miller Starr Regalia

“Double Counting” or Redundant Mitigation?  Second District Holds CEQA Guidelines’ Additionality Requirement Precludes Applying...

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In a partially published 102-page opinion filed June 26, 2025, the Second District Court of Appeal (Div. 7) resolved cross-appeals by affirming the trial court’s judgment invalidating Los Angeles County’s 2019 EIR...more

Cozen O'Connor

New York City Proposes to Regulate Last-Mile Facilities

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The New York City Department of City Planning (DCP) has released materials outlining a proposed amendment to the city's zoning regulations to introduce a City Planning Commission (CPC) special permit intended to limit the...more

Goulston & Storrs PC

Boston Accelerates Net Zero Carbon

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Last week, the Boston Zoning Commission adopted Net Zero Carbon (NZC) zoning. As addressed in our 2021 and 2023 advisories, this completes a three-part decarbonization strategy, along with the Specialized Energy Code and the...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

Perkins Coie

City’s Greenhouse Gas Emissions Threshold for Delivery Warehouse was Supported by Substantial Evidence

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The court upheld a mitigated negative declaration for a parcel delivery warehouse project, finding, among other things, that the threshold of significance and baseline used in preparing the MND were supported by substantial...more

Allen Matkins

Sustainable Development and Land Use Update 4.04.24

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Two bills proposed to modify the Builder’s Remedy are currently making their way through the State Legislature. As currently proposed, AB 1893 (Wicks) would (i) reduce the required percentage of (lower income) affordable...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

Alston & Bird

Land Use Matters December 2023 - CEQA Appellate Decisions & Other Legal Developments

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City of Los Angeles - The Processes and Procedures Ordinance Becomes Operative January 22, 2024 - The city council adopted the Processes and Procedures Ordinance amending the Los Angeles Municipal Code (LAMC) to...more

Nossaman LLP

California Appellate Court Upholds CEQA Greenhouse Gas Emissions Methodology

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A recent court decision provides guidance to lead agencies seeking to comply with CEQA requirements related to greenhouse gas (GHG) emissions. In Tsakopoulos Investments, LLC v. County of Sacramento, the Third District Court...more

Sheppard Mullin Richter & Hampton LLP

More Places, Less Spaces: California is Driving Down Development Costs

In an effort to decrease the skyrocketing development costs and reduce greenhouse gas emissions, Assembly Bill 2097 (AB 2097) aims to eliminate a key obstacle for new developments: parking. More specifically, starting on...more

Allen Matkins

Sustainable Development and Land Use Update - August 2022 #3

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Proposed California affordable housing bills could create more than a million apartments - KQED – August 22 - View in browser Allen Matkins SustDevLndUseUpd August 24, 2022 Focus Proposed California affordable housing bills...more

Holland & Knight LLP

Anti-Housing CEQA Lawsuits Filed in 2020 Challenge Nearly 50% of California’s Annual Housing Production

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Holland & Knight Partner Jennifer L. Hernandez, leader of the firm's West Coast Land Use and Environmental Group, recently authored an industry report for the Center for Jobs & The Economy, whose mission is to identify and...more

Allen Matkins

Sustainable Development and Land Use Update - July 2022 #3

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State Supreme Court decision could complicate CEQA review of certain housing projects - San Francisco Chronicle – July 14 - The state Supreme Court has left intact a ruling by the First District Court of Appeal that rejected...more

Allen Matkins

Sustainable Development and Land Use Update - June 2022 #3

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California legislators propose helping people buy homes in exchange for partial ownership Bullet KQED – June 16 State legislators are proposing to create a billion-dollar fund in this year’s state budget that would provide...more

Coblentz Patch Duffy & Bass

Bay Area Air Quality Management District Updates CEQA Thresholds for Greenhouse Gas Impacts

On April 20, 2022, the Bay Area Air Quality Management District (BAAQMD) adopted new recommended thresholds for determining the significance of individual projects’ greenhouse gas impacts under the California Environmental...more

Allen Matkins

Sustainable Development and Land Use Update - March 2022 #4

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Audit: California too slow in offering surplus land for affordable housing - Bullet U.S. News & World Report – March 22 California has not effectively used surplus properties owned by the state to help alleviate the...more

Jones Day

French Regulations Foster a More Climate-Compatible Building Industry

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As of January 1, 2022, new French environmental regulations ("RE2020") are coming into force, replacing the former thermic regulations ("RT 2012"). RE2020 creates new rules for the energy, environmental, and health...more

Allen Matkins

Sustainable Development and Land Use Update - February 2022

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Appellate court orders publication of recent win for California’s Density Bonus Law in San Diego - Allen Matkins – January 25 - Last week we reported that, on January 7, 2022, California’s Fourth District Court of Appeal in...more

Goulston & Storrs PC

Boston Requires Carbon Neutrality for Existing Buildings

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Furthering the aims of Boston’s 2019 Climate Action Plan, which identified large buildings as major carbon emitters, Boston City Council amended the Building Energy Reporting and Disclosure Ordinance (BERDO) to require all...more

Farrell Fritz, P.C.

NYC Climate Mobilization Act – Relief in Sight?

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Local Law 97 of New York City’s Climate Mobilization Act (the “Act”) is the City’s aggressive greenhouse gas emission reduction plan for buildings.  The City has published figures indicating that approximately 70% of...more

Mayer Brown

Scaling Voluntary Carbon Markets: Taskforce Releases Core Carbon Principles and Roadmap

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Over 1,000 firms have made either indicative or concrete pledges to align their greenhouse gas emissions with the Paris Agreement—which means reducing emissions to zero by 2050....more

Allen Matkins

Sustainable Development and Land Use Update - January 2021

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Despite limited success for housing bills in the 2020 legislative session, 2021 should present opportunities for developers - Bullet Allen Matkins – December 21 - During the 2020 legislative session, many housing...more

Hogan Lovells

The Three Pillars of the Planning White Paper: Pillar Two - Planning for beautiful and sustainable places

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In this, the second bulletin in our series, we take a look at Pillar Two of the "Planning for the Future" White Paper – planning for beautiful and sustainable places. In this Pillar, the government sets out its vision for...more

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