News & Analysis as of

Urban Planning & Development State and Local Government Environmental Litigation

Paul Hastings LLP

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

Paul Hastings LLP on

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

Alston & Bird

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

Alston & Bird on

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...

Downey Brand LLP on

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

Herbert Smith Freehills Kramer

Litigation To Invalidate ‘City of Yes’ Zoning for Housing Opportunity Initiated

A group of seven New York City Council members announced this morning that they, together with other elected officials, civic organizations and individuals, were initiating litigation to challenge the validity of the whole of...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

Latham & Watkins LLP

CEQA Case Report: 2020 Year in Review

Latham & Watkins LLP on

CEQA Case Report: Understanding the Judicial Landscape for Development - Public agencies prevailed in 68% of CEQA cases analyzed. Latham & Watkins is pleased to present its fourth annual CEQA Case Report. Throughout...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.

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

Farrell Fritz, P.C.

Fourth Department: Interest in Architecture and Historic Preservation Not Sufficient to Confer Standing Under SEQRA

Farrell Fritz, P.C. on

In Schmidt v. City of Buffalo Planning Bd., 174 A.D.3d 1413 (4th Dept., July 31, 2019), the petitioner, Terrence Robinson, filed suit to prevent the demolition of an architecturally significant apartment complex, claiming...more

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