california land use

Environmental Groups Sue To Stop Shasta Dam Height

Citing violations of California’s Wild and Scenic Rivers Act, the State of California and several environmental and fishing groups are suing a San Joaquin Valley irrigation district over its efforts to help the federal government raise the height of California’s largest reservoir, Shasta Dam.  The lawsuit argues that the project poses significant risks to the […]

DOI Secretary Ryan Zinke Under Scrutiny

Ryan Zinke, secretary of the Interior Department, has been a key figure in the Trump administration’s push to roll back burdensome environmental regulations and ramp up domestic energy production. Mr. Zinke is facing increased scrutiny based on allegations that he abused travel spending by paying for his wife to travel with him, and maintained close […]

Enviro Group Sues Forest Service (unsuccessfully) Over Imaginary Wolves

On May 29, a federal judge in California dismissed an environmental group’s lawsuit accusing the U.S. Forest Service, and U.S. Fish and Wildlife Service, of improperly approving a forest-thinning project. The group argued that the project would imperil gray wolves and northern spotted owls; the former is endangered under the federal Endangered Species Act, while […]

Scott Wiener Narrows California Housing Bill Prior to First Debate

The sponsor of California State Senate Bill 827, Scott Wiener (D-San Francisco) amended the proposed bill ahead of its first legislative committee debate. SB 827 has potentially significant land use implications and was previously summarized on this blog. To recap, the bill is an aggressive attempt to address the housing shortfall in California by overriding […]

Second District Court of Appeal Upholds Project Approved via MND (and a Categorical Exemption)

The Second District Court of Appeal upheld an infill project approved by the City of Covina in the case Covina Residents for Responsible Development v. City of Covina (Cal. Ct. App., Feb. 28, 2018, No. B279590). The project at issue involved a 58-unit, mixed use, infill project located about a quarter-mile from a commuter rail […]

California Legislation AB 1905: The Road to Construction without Environmental Roadblocks

Proposed Assembly Bill (“AB”) 1905 by Assemblyman Tim Grayson aims to make it harder for lawsuits filed under the California Environmental Quality Act (“CEQA”) to stop construction of roads and public transit. This legislation is specifically aimed at the road or transit projects that are included in state-approved regional growth plans. These projects have already […]

Legislative Push for State Housing Reform Continues into 2018

The California State Legislature began its efforts on housing reform early in 2018, with the release of SB 827 (Weiner) on January 3. This follows the approval of several housing reform bills in 2017. These bills focus on streamlining permitting, enforcing regional housing production benchmarks, and preventing municipalities from down-zoning parcels or rejecting by-right projects. […]

Ninth Circuit Denies Challenge Over Owl Species

On Wednesday, a three-judge panel from the Ninth Circuit rejected environmentalists’ appeal to overturn a U.S. Fish and Wildlife Service (USFWS) policy that allows the taking of one owl species to help recover another. Friends of Animals initially sued the USFWS over a 2014 plan to kill thousands of barred owls (on the left in […]

Substantial Evidence: It’s a thing. Fifth District Court of Appeal Upholds General Plan Update, Citing Plaintiff’s Failure to Introduce Substantial Evidence

In an unpublished opinion filed January 4, 2018, the Fifth District Court of Appeal rejected challenges to a general plan update prepared by the City of Visalia. Plaintiffs in the case argued that the EIR prepared by the City failed to adequately address urban decay impacts. In particular, plaintiffs argued that the 40,000 square foot […]

California River Watch Files Suit Against Vineyard Developers Over Protected CTS

  Last week, California River Watch sued a group of vineyard developers for allegedly violating the Endangered Species Act (ESA), arguing that the group engaged in agricultural practices that harm the protected California Tiger Salamander (CTS). In 2014, a group of developers filed for and received permits to convert 9.8 acres of their property into […]

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