california land use

CEQA: Second District Court of Appeal Affirms Trial Court Authority to Limit Decertification of EIR

In a case certified for partial publication, the Second District Court of Appeal addressed the Public Resources Code section 21168.9 mandate that a court’s order overturning the CEQA decision of a public agency shall be limited to the scope necessary to bring the agency’s decision into compliance with CEQA. The case, Center for Biological Diversity […]

Los Angeles supplants San Francisco as the nation’s least affordable housing market.

In its latest update to the Housing Opportunity Index (“Index”), the National Association of Home Builders identified Los Angeles to be the most expensive housing market in the nation, overtaking San Francisco, who had held the dubious number ranking for nearly five years. According to the NAHB, just 9% of the homes sold in Los […]

First District Upholds Application of CEQA Categorical Exemption in Marin County

In an unpublished decision filed November 6, 2017, the First district Court of Appeal upheld a County decision to approve a design review application for a market and grocery store renovation project. (Case No. A150043) The petitioner appealed from a trial court decision, which found application of the CEQA exemption proper. Marin County first issued […]

Federal Lawsuit Filed Against Feds: California Gnatcatcher Shouldn’t Be Listed

This week a group of property owners and developers filed suit against the U.S. Department of Interior, alleging that the U.S. Fish and Wildlife Service (USFWS) violated federal procedure rules when it repeatedly found that the coastal California gnatcatcher is protected under the Endangered Species Act (ESA). Filed in a D.C. federal court by the […]

Third District Court of Appeal Upholds EIR for Freeway Improvement Project

In an unpublished decision filed on October 24, 2017, the Third District Court of Appeal upheld a trial court’s denial of a CEQA challenge to a freeway interchange and arterial roadway project. The case, Eureka Village Homeowners Association v. City of Rancho Cordova (C082276) considers whether the EIR prepared by the city analyzed a reasonable […]

BLM to Hold Public Hearings on Sage Grouse While Watchdog Group Sues for Public Records

This week the BLM announced its plans to hold public hearings in November to allow for public comment regarding the agency’s decision to reopen 98 federal land use plans that were put in place to protect the greater sage grouse. Meanwhile, a watchdog group filed a federal lawsuit against the Interior Department, claiming the agency […]

EPA Chief Kills “Sue and Settle” Tactic Used By Environmental Groups

On October 16, 2017, EPA Administrator Scott Pruitt issued an administrative order with the goal of ensuring that the Environmental Protection Agency is transparent when settling lawsuits – particularly those filed by environmental groups seeking to regulate through litigation. A press release accompanying the administrative order explains that the EPA has long been sued by […]

First District Court of Appeal finds California Department of Pesticide’s CEQA Documentation for Pesticide Registration Inadequate

In Pesticide Action Network North America v. California Department of Pesticide Regulation (September 19, 2017) Case No. A145632, the First District Court of appeal considered whether the Department of Pesticide Regulation met its CEQA obligations under the Department’s certified regulatory program. Documents prepared pursuant to the regulatory program serve as the functional equivalent of CEQA […]

USFWS Accepts Proposal to Increase Delta Pumping

  On Wednesday, federal fisheries regulators approved a controversial plan to allow for increased pumping from the Sacramento-San Joaquin Delta this fall. Facing opposition from environmental groups, the U.S. Fish and Wildlife Service (USFWS) signed off on the proposal that was championed by the U.S. Bureau of Reclamation and Southern California water interests. With those […]

Trump Administration Schedules Meetings with Industry Groups as Part of Regulation Reform Efforts

  Later this week, U.S. EPA Chief Scott Pruitt is scheduled to meet with representatives from a wide range of industries in an effort to identify areas where regulations may be scaled back, consistent with President Trump’s objectives. As part of the “Smart Sectors Program” announced in mid-September, the EPA will meet with representatives from […]

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