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Improper CEQA determination does not trigger regulatory taking
  • Nossaman LLP
  • USA
  • September 20 2018

When a governmental agency improperly denies a permit application for a new development, and the proposed development is thereby delayed, does this


Fourth District Holds CEQA Does Not Require EIR Absent Evidence That Subdivision Approval Actually Violated Applicable Land Use Regulations Adopted to Mitigate Environmental Impacts
  • Miller Starr Regalia
  • USA
  • September 19 2018

In an opinion filed August 10, and later ordered published on September 7, 2018, the Fourth District Court of Appeal (Div. 2) affirmed a judgment


More Mild Than Wild: Legislature Tinkers With Modestly Reforming Scope Of CEQA Analysis In Two New Laws
  • Miller Starr Regalia
  • USA
  • September 12 2018

On September 7, 2018, Governor Brown signed two bills amending CEQA in relatively minor ways that will become effective January 1, 2019. AB 2341


California Court of Appeal Overturns Specific Plan EIR for Inadequate Air Quality Impact Mitigation
  • Latham & Watkins LLP
  • USA
  • September 12 2018

In an unpublished opinion issued July 10, 2018, Sierra Club v. County of Kern, Case No. F071133, the California Court of Appeal reversed the trial


Second District Applies CEQA’s “Subsequent Review” Rules to Uphold EIR Addendum for Revised Target Superstore Project Including “Spot-Zoning” Specific Plan Amendment Authorizing Use
  • Miller Starr Regalia
  • USA
  • September 7 2018

In a lengthy published opinion filed August 23, 2018, the Second District Court of Appeal reversed the trial court’s judgment, and upheld the City of


California Courts Refine the Limits of Ballot Power in Land Use Decisions
  • Monchamp Meldrum LLP
  • USA
  • September 6 2018

A pair of recent decisions have added new detail to the possibilities and limitations of ballot measures. In City of Morgan Hill v. Bushey, the


California Court of Appeal Determines State Law Preempts Local Ordinance Provisions in Specific Instances
  • Latham & Watkins LLP
  • USA
  • August 28 2018

In a partially published opinion issued April 4, 2018, Small Property Owners of San Francisco Institute v. City and County of San Francisco, Case No


California Court of Appeal Ruling Exempts Parking Requirements From CEQA Review
  • Latham & Watkins LLP
  • USA
  • August 28 2018

In a published opinion issued February 28, 2018, Covina Residents for Responsible Development v. City of Covina, Case No. B279590, the Court of


“Growing Pains”: First District Holds Program EIR for San Francisco’s General Plan Housing Element Amendment Complies with CEQA
  • Miller Starr Regalia
  • USA
  • August 27 2018

In a lengthy published opinion filed on August 22, 2018, the First District Court of Appeal (Div. 4) affirmed the trial court’s judgment rejecting


Context Matters: First District Holds CEQA Requires EIR, Not MND, To Analyze Mixed-Use Project’s Potentially Significant Aesthetic And Traffic Impacts On Fremont’s Niles Historical District
  • Miller Starr Regalia
  • USA
  • August 20 2018

In an opinion filed July 16, and belatedly ordered published on August 9, 2018, the First District Court of Appeal (Division 5) affirmed the trial