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Urban Planning & Development Environmental Litigation California

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

Paul Hastings LLP

California Pushes ‘Abundance’ Agenda With Major CEQA Reforms for Housing and Select Infrastructure

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On June 30, California Governor Gavin Newsom signed two budget trailer bills that deliver the most significant and sweeping reform of the California Environmental Quality Act (CEQA) in the 55-year history of this far-reaching...more

Perkins Coie

VMT Thresholds Must Be Based on Substantial Evidence Specific to Local Conditions

Perkins Coie on

The County of San Diego’s thresholds for exempting certain projects from vehicle miles traveled (VMT) analysis were not supported by substantial evidence showing they were appropriate specifically for the County. Cleveland...more

Coblentz Patch Duffy & Bass

There’s Always This Year? 2025 Legislature Considers CEQA Reforms to Spur Housing

California’s 2025 legislative cycle includes another ambitious package of housing bills as the state continues to look for ways to ease the housing crisis amidst continued political and economic uncertainty. Reforming the...more

Alston & Bird

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

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City of Los Angeles - Expedited and Streamlined Review Process for Community Rebuilding - On March 18, 2025, Mayor Karen Bass issued Revised Emergency Executive Order No. 1 (EO 1) directing the Department of City Planning,...more

Downey Brand LLP

Are Your CEQA Thresholds Supported by Substantial Evidence? Fourth District Rules San Diego County’s Thresholds of Significance...

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In Cleveland National Forest Foundation v. County of San Diego (2025) 109 Cal. App.5th 1257, the Fourth District Court of Appeal invalidated two thresholds of significance adopted by the County of San Diego (“County”) that in...more

Meyers Nave

Court of Appeal Invalidates County's Vehicle Miles Traveled (VMT) Screening Thresholds for CEQA Review

Meyers Nave on

A California court of appeal has held that a lead agency conducting environmental review, under the California Environmental Quality Act (CEQA), of “vehicle miles traveled” (VMT) impacts may not unquestioningly use thresholds...more

Miller Starr Regalia

Fourth District Invalidates San Diego County’s “Infill” And “Small Project” VMT Screening Thresholds As Lacking Substantial...

Miller Starr Regalia on

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

Downey Brand LLP

Sixth District Holds CEQA 30-Day Statute of Limitations Triggered by Local Agency’s Definition of “Final” Approval

Downey Brand LLP on

In Center for Biological Diversity v. County of San Benito (2024) 104 Cal.App.5th 22, the Court of Appeal held that the statute of limitations for two CEQA challenges did not begin to run until the Board of Supervisors had...more

Sheppard Mullin Richter & Hampton LLP

Commercial Cannabis Permit Program and Overlay District Statutorily Exempt Under CEQA Guideline Section 15183

On June 13, 2023, the Second Appellate District affirmed the City of Pomona’s use of a statutory exemption for its Commercial Cannabis Overlay Permit Program under California Environmental Quality Act (CEQA) Guidelines...more

Perkins Coie

County Did Not Violate Its Duties Under CEQA By Approving a Project at the Density Agreed to in a Stipulated Judgment

Perkins Coie on

The court held that the County of Marin did not abdicate its duties under CEQA when it approved a specific project pursuant to a stipulated judgment. Tiburon Open Space Committee v. County of Marin, 78 Cal. App. 5th 700...more

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