California Supreme Court upholds requirement for Plaintiffs to exhaust all administrative remedies in CEQA exemption suits if a public hearing is held.
Continue Reading Supreme Court Says Exhaustion Requirement Applies in CEQA Exemption Suit
Revised EIR for Wal-Mart Supercenter Is Upheld On Second Go-Around
In this case, the Court of Appeal, Third Appellate District, upheld a city’s certification of a revised EIR on a Wal-Mart Supercenter. Chock-full of CEQA issues ranging from what documents get included in an administrative record, to what constitutes a reasonable range of alternatives to be discussed in an EIR to urban decay and relevant economic baselines under which to study urban decay, to impacts on agricultural resources and res judicata, this case is a must read.
Continue Reading Revised EIR for Wal-Mart Supercenter Is Upheld On Second Go-Around
UPDATE ON BERKELEY HILLSIDE CASE
In March 2012, we posted an article reviewing the First Appellate District’s determination in Berkeley Hillside Preservation v. City of Berkeley (2012) 203 Cal.App.4th 656.Continue Reading UPDATE ON BERKELEY HILLSIDE CASE
Tolling Agreement for CEQA Lawsuit Challenging a General Plan Update is Upheld Against Property Owner Challenge
The First Appellate District Upholds Use of Tolling Agreements in CEQA Litigation.
Continue Reading Tolling Agreement for CEQA Lawsuit Challenging a General Plan Update is Upheld Against Property Owner Challenge
Climate Change: a new perspective on long range planning.
While CEQA predominates many local government discussions of climate change, the state has taken a longer view as well, seeking input on strategies for local adaption to climate change. The draft handbook can be found at http://resources.ca.gov/climate_adaptation/docs/APG_-_PUBLIC_DRAFT_4.9.12_small.pdf. A state sponsored webinar will take place on May 15, and comments can be submitted electronically at
Court Affirms Use of Substantial Evidence Test in CEQA Challenge to Annual Adjustment in Water Allocation Regulations
Minor revisions in water allocation regulations did not trigger a subsequent EIR.
Continue Reading Court Affirms Use of Substantial Evidence Test in CEQA Challenge to Annual Adjustment in Water Allocation Regulations
Approval of Oak Woodland Management Plan and Mitigation Fee Program Based on a Negative Declaration is Overturned by Third District Appellate
In the most recent fee mitigation case, Center for Sierra Nevada Conservation v. County of El Dorado (2012) 202 Cal.App.4th 1156, the Third District Court of Appeal held that a county was required to prepare a tiered EIR before adopting its oak woodland management plan and mitigation fee program.
Continue Reading Approval of Oak Woodland Management Plan and Mitigation Fee Program Based on a Negative Declaration is Overturned by Third District Appellate
Please join Diane Kindermann and her co-panelists on May 9, 2012 for an MCLE: California Land Use and Environmental Law Update presented by AEP
The Association of Environmental Professionals will be holding an MCLE as part of its Statewide Conference (May 6-9). Panelists include: Chris Butcher, Thomas Law Group; Braiden Chadwick, Downey Brand, LLP; Diane Kindermann, Abbott & Kindermann, LLP; and Tiffany Wright, Remy Moose Manley, LLP.
Navigating Projects through CEQA and Local Government Biological and Regulatory Policies (
Solano Press releases new book on impact fees.
Solano Press releases the third edition of Exactions and Impact Fees in California, co-authored by Bill Abbott, Harriet Steiner, Tom Jacobson, Peter Detwiler and Margaret Sohagi. This edition covers the next generation of impact fee practice and legal issues, including Proposition 218. For more information, click here: http://solano.com/processxml.asp?tid=EX12&StyleSheet=title.xsl
Property Owner Fails to Establish Basis For Maintaining Older Property Tax Assessment Following Property Transfer
A selling property owner is not automatically entitled to carry forward an older property tax base to replacement property simply because the buyer is carrying out economic activity as part of a redevelopment plan.
Continue Reading Property Owner Fails to Establish Basis For Maintaining Older Property Tax Assessment Following Property Transfer