Alameda Superior Court rules the Bay Area Air Quality Management District CEQA thresholds are a project under CEQA.
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Articles
Compensable Taking Found Where City’s Spot Zoning Created “A One-House-Per-20-Acre Island In A Two-To-Six-House-Per-Acre Sea”
Posted in Planning, Zoning, & Development
City engages in impermissible spot zoning and a compensable taking where it creates a “one-house-per-20-acre island in a two-to-six-house-per-acre sea.”…
Continue Reading Compensable Taking Found Where City’s Spot Zoning Created “A One-House-Per-20-Acre Island In A Two-To-Six-House-Per-Acre Sea”
The Lead Agency Correctly Utilized Existing Conditions As The Baseline For Environmental Assessment When Acting Upon A Lease Extension Request
Posted in CEQA
Existing activities are appropriately considered part of the CEQA baseline.
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Lack of Appropriation of Funds by the Legislature for Mitigation of Offsite Traffic Impacts Did Not Discharge the State University from Considering Other Feasible Strategies for Mitigation
Posted in CEQA
Sunnyvale West Baseline Issue Revisited? Not Exactly.
Posted in CEQA
In Pfeiffer v. City of Sunnyvale City Council (2011) 200 Cal.App.4th 1552, the Court of Appeal, Sixth Appellate District, upheld the city’s certification of an EIR and approval of an expansion of the Palo Alto Medical Foundation’s medical campus finding that the city properly deemed the project consistent with its general plan; used the correct baseline for the traffic analysis in the EIR; used the correct baseline for the traffic noise analysis in the EIR; and contained a sufficient discussion of traffic noise impacts in the EIR.
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2011 CEQA ANNUAL UPDATE
Posted in CEQA
All in all, 2011 reflected a significant year in terms of the sheer number of published appellate decisions. While many decisions followed the parameters of past precedent, a handful of cases may be read as slightly pushing the law in a manner which adds additional steps, time and cost to successful completion of CEQA review.
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REMINDER! Save the Date!
Posted in A&K News
Abbott & Kindermann’s Annual Land Use, Real Estate, and Environmental Law Update
Reserve your seat for one of three seminars taking place in 2012.
In January and February 2012 Abbott & Kindermann, LLP will present its annual complimentary educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, real estate acquisition, easements, leasing and property acquisition, and mining.
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Cap and Trade Regulations Approved and Transmitted; Preliminary List of Covered Entities Now Available
Posted in Air Quality, Climate Change
On December 13, the Office of Administrative Law approved and transmitted to the Secretary of State the regulations for the California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms (Cal. Code Regs., tit 17, §§ 95800 et seq.), (“Cap and Trade Regulations”) including Compliance Offset Protocols (“Offset Protocol”). One day later, OAL approved and filed with the Secretary of State revisions to Mandatory Reporting Requirements initially enacted in 2007 (“MRR”). The Cap and Trade Regulations, Compliance Offset Protocol, and MMR are central to implementing California’s Global Warming Solutions Act (AB 32, Health & Saf. Code, § 38500 et seq.) and will take effect on January 1, 2012.
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Governor Brown Convenes Conference on Climate Risks and California’s Future
Posted in A&K News
On December 15, 2011, Governor Brown will host an invitation only event on Climate Risks and California’s Future at the California Academy of Sciences in San Francisco. According to the Governor’s office, the conference will focus on the risks of unpredictable and extreme weather events caused by climate change and how our communities can prepare for…
SACRAMENTO TRIAL COURT STRIKES DOWN KEY PROVISIONS OF STATE WATER BOARD’S GENERAL NPDES CONSTRUCTION PERMIT
The BIA challenged several provisions of the State Water Board’s newly adopted general NPDES construction permit. While a majority of their claims were denied and most of the permit provisions were upheld, the court struck down the newly imposed numeric effluent limits set for pH and turbidity.
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