Land Use Law

First District Court of Appeal: City not Required to Consider Compliance with the Subdivision Map Act Prior to Certifying CEQA Document or Issuing Entitlements

The First District Court of Appeal reversed a lower court decision setting aside the City of Redwood’s decision to certify an EIR and approve a planned development permit for 4.75 acres in the case Save Laurel Way v. City of Redwood City (August 29, 2017, Case No. A147942). Project opponents raised multiple claims, including violation […]

New Federal Order Limits Length and Time of NEPA Studies

On August 31, a memo from the Interior Deputy Secretary David Bernhard was made public and directed that the Department’s environmental impact statements (“EIS”) to not be more than 150 pages, or 300 pages if the project is unusually complex. The Interior Department imposed this controversial new restriction citing a need to reduce paperwork. Additionally, […]

Watchdog Groups Seek to Enjoin President Trump’s 2-for-1 Regulatory Mandate

On August 10, 2017, Public Citizen, the Natural Resources Defense Council, and the Communications Workers of America, and Earthjustice appeared before Judge Randolph Moss of the United States District Court for the District of Columbia, seeking to overturn President Trump’s mandate that each new regulation must be counteracted by repeal of two similar regulations. President […]

Central Valley Farmer John Duarte Reaches Settlement with Federal Government

Just before the penalty phase of trial was set to begin on Tuesday, Northern California farmer John Duarte reached a settlement with the federal government, after being fined for plowing over disputed wetlands on his property. With the government seeking a $2.8 million fine and tens of millions of dollars in mitigation expenses, Duarte agreed […]

California Landowner Ordered to Restore Public Access to Beachfront Property

This week, a California court created an important precedent for public right-of-way access cases, when it ordered a billionaire to reopen access to a formerly public beach in San Mateo County. The First District Court of Appeals in San Francisco ruled 3-0 that Vinod Khosla violated state law when he closed access to Martins Beach […]

Fifth District Court of Appeal Finds Res Judicata Does Not Apply to Case Challenging DOGGR’s Issuance of Oil and Gas Well Permits

The Fifth District Court of Appeal reversed a lower court judgment dismissing a CEQA challenge filed by environmental groups against the California Department of Conservation, Division of Oil, Gas and Geothermal Resources (DOGGR), in Association for Irritated Residents v. Dept. of Conservation (2017) 11 Cal.App.5th 1202. The environmental groups challenged DOGGR’s issuance of 214 permits […]

First District Court of Appeal Upholds County’s Decision to Issue Ministerial Permit Exempt from CEQA

The California Supreme Court denied a request for depublication in Sierra Club v. County of Sonoma (2017) 11 Cal.App.5th 11, on July 26, 2017. As a result, the First District Court of Appeal’s decision finding against Sierra Club and Center for Biological Diversity is citable precedent. The case involved a challenge to Sonoma County’s decision […]

California Farmer Takes Clean Water Act Legal Fight to the Political Arena

Lobbyist, and former Republican Representative, Richard Pombo, has been retained by a California nursery owner facing a potential multi-million dollar fine for violating the Clean Water Act. Nursery owner, John Duarte of Duarte Nursery has retained the Washington, D.C. lobby to help fight his lengthy dispute with federal officials. Simultaneously, Mr. Duarte is facing a […]

Two Mitchell Chadwick Attorneys Chosen For 2017 Super Lawyers List

Mitchell Chadwick LLP Is Pleased To Announce That Two Of Its Attorneys Have Been Chosen For The 2017 Northern California Super Lawyers List G. Braiden Chadwick and Patrick G. Mitchell were again selected for the Northern California Super Lawyers List in the practice areas of Land Use and Zoning law. More information is available at […]

California Farmer Facing Almost $3 Million in Fines for Plowing Own Field

A California farmer is facing a $2.8 million fine and a trial in federal court this summer for failing to get a permit to plow his own field. John Duarte, of Duarte Nursery, bought 450 acres of land near Modesto in 2012, where he planned to grow wheat. While his wheat was planted, it was […]

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