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Publications
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03.18.2024California Land Use & Planning Law - 39th EditionLawyer Publications
This comprehensive book provides an up-to-date summary and analysis of California's complex land use and planning laws. Cited by the California Supreme Court and numerous appellate courts and assigned at law schools across the state, it has been an authoritative resource for over 40 years.
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05.22.2023Governor Newsom Proposes CEQA ReformUpdatesGovernor Gavin Newsom announced an ambitious and wide-ranging plan on May 19 to expedite the development of important infrastructure projects across the state, with the twin goals of building California’s clean energy future to meet its bold climate goals while at the same time creating hundreds of thousands of jobs.
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01.30.2021CEQA Year in Review—2020UpdatesDespite relatively few published opinions this year, there were significant rulings on a range of topics, including whether projects are properly classified as discretionary or ministerial, the adequacy of mitigation, agencies’ document retention obligations, the remedy for an inadequate EIR, mootness, and statutes of limitations. Click here to read the full report.
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01.30.2020CEQA Year in Review—2019UpdatesThe past year saw several trailblazing opinions, indicating that courts continue to grapple with some of CEQA’s core policies. Click here to read the full report.
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09.28.2016Courts Must Defer to Agency Determination on Whether a Changed Project is a New ProjectUpdates
In Friends of the College of San Mateo Gardens v. San Mateo County Community College District (Supreme Court No. S214061, filed Sept. 19, 2016), the California Supreme Court resolved the vexing question of whether a change to a project that previously has been studied under CEQA constitutes a new project necessitating a new environmental review, or a modification that can be evaluated under CEQA’s subsequent review provisions allowing reliance on earlier CEQA documents.
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09.15.2016California’s New Climate Change Laws Tighten Limits on GHG, Increase Legislative Oversight of CARBUpdatesCalifornia Governor Jerry Brown signed into law last week two controversial anti-climate change bills that will tighten greenhouse gas (GHG) limits by 40% and increase legislative supervision of the California Air Resources Board (CARB)—the agency responsible for reducing GHG emissions.
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03.2016Assessing Traffic Impacts Under CEQAArticles
Governor’s Office moves closer to replacing automobile delay with Vehicle Miles Traveled. Read the full article.
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04.29.2013CEQA Reform: The Cure May Be Worse Than the DiseaseUpdatesAccording to the author’s April 23, 2013 press release, the amended version of Senate Bill 731 is a “comprehensive reform” of CEQA, “modernizing the law to aid California’s economic growth.” But a close review shows that the bill would actually impose a new set of burdensome procedural requirements on CEQA lead agencies and project applicants.
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02.25.2013New CEQA Bill - Cure or Band-Aid?Updates
In response to a business community campaign calling for broad CEQA reform, Senate President Pro, California State Senator Tempore Darrell Steinberg, released his highly anticipated CEQA “modernization” bill.
This Update was also published on Law360.
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11.02.2012Court Rules City Council Can't Skip CEQA By Adopting Voter-Proposed LegislationUpdatesHow often do we hear project proponents ask whether there is a way to shortcut the CEQA timeline or head off litigation? It's not an unusual question given that some proposals draw fire no matter how much energy goes into the environmental disclosure and mitigation process.
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06.15.2012Speak Now or Forever Hold Your Peace - Issue Exhaustion Applies to CEQA ExemptionsUpdatesOverturning a rule announced 15 years ago, the California Supreme Court has issued a landmark decision holding that the requirement that parties first address their complaints at the agency level before litigating those issues in court applies to challenges to agency decisions regarding whether a project is exempt from the California Environmental Quality Act. If the decision-making agency holds a hearing on the project, future litigants must make sure someone first apprised the agency of the relevant issues before they can bring those claims to court.
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04.27.2012Court Upholds Use of Future Baseline Under CEQAUpdatesIn Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, the California Court of Appeal for the Second Appellate District ruled that, when supported by substantial evidence, projected future conditions may serve as an appropriate baseline for measuring a project's impacts under the California Environmental Quality Act.
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10.07.2011California Environmental Quality Act Revised to Encourage Solar and Infill ProjectsUpdatesIn recent years, California has enacted numerous laws to encourage solar and infill development. Governor Jerry Brown has now signed Senate Bill 226, which amends the California Environmental Quality Act (CEQA) to further encourage projects designed to reduce greenhouse gas emissions.
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09.27.2011Governor Signs Bill Streamlining CEQA Litigation for "Environmental Leadership Development Projects"UpdatesCalifornia Governor Jerry Brown just signed AB 900, the Jobs and Economic Improvement Through Environmental Leadership Act of 2011. This bill creates a streamlined litigation process for challenges to environmental impact reports for certain projects that are expected to create jobs and cause relatively few environmental impacts. The bill allows these cases to be heard directly by the court of appeal, on an expedited basis, bypassing the trial court.
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08.31.2011California Supreme Court Clarifies Interaction of Federal Clean Water Act and California State Law Governing California Energy Commission JurisdictionUpdatesFor power plants over 50 megawatts, the Warren-Alquist Act provides a “one stop” permitting scheme at the California Energy Commission to obtain certain permits, but not Clean Water Act discharge permits.
Presentations
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01.19.202232nd Annual Land Use and Development Law BriefingWebinarsA 90-minute multi-panelist briefing on the recent evolution of land use, planning, CEQA, and environmental law in California.
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01.26.202131st Annual Land Use Land Use & Development Law BriefingWebinarsA 90-minute multi-panelist briefing on the recent evolution of land use, planning, CEQA, and environmental law in California.
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12.07.2020GreenHouse Gas Update – Climate Action Plans, Net Zero Thresholds & OffsetsSpeaking EngagementsCLE International, 16th Annual CEQA Conference / Virtual
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01.22.2020; 01.30.2020; 02.04.2020; 02.06.202030th Annual Land Use & Development Law Lunch BriefingSeminarsA 90-minute multi-panelist briefing on the recent evolution of land use, planning, CEQA, and environmental law in California.
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01.15.2019; 01.17.2019; 01.23.2019; 01.29.2019.29th Annual Land Use & Development Law Lunch BriefingSeminars2018 has been another eventful year in the evolution of land use and planning law in California.
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01.18.2018; 01.24.2018; 01.25.2018; 01.30.2018.28th Annual Land Use & Development BriefingSeminars2017 has been another eventful year in the development of land use and planning law in California.
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12.15.2017Developing the CEQA Administrative RecordSpeaking EngagementsCLE International, 13th Annual CEQA Conference / San Francisco, CA
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01.18.2017; 01.25.2017; 01.26.2017; 02.07.2017; 02.22.2017.27th Annual Land Use & Development Law BriefingSeminars2016 has been another dynamic year in the development of land use and planning law in California.
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01.21.2016; 01.26.2016; 02.02.2016; 02.22.2016;26th Annual Land Use & Development Law BriefingSeminars2015 has been a year of significant developments in land use, CEQA and environmental and resources law.
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201525th Annual Land Use & Development Law Briefing MaterialsSeminars
The 25th Annual Land Use & Development Law Breakfast Briefing presentation focused on 2014 developments and trends in land use, affordable housing, school facilities financing, CEQA, real estate and environmental and resources Law. Download PDF version of presentation materials
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01.21.2015; 01.22.2015; 01.27.2015; 02.12.201525th Annual Land Use and Development Law BriefingSeminars
A 90-minute multi-panelist presentation on 2014 developments and trends in Land Use, CEQA, Real Estate, and Environmental and Resources Law.
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01.16.2014; 01.22.2014; 1.23.201424th Annual Land Use and Development Law BriefingSeminarsA 90-minute multi-panelist presentation on 2013 developments and trends in Land Use, CEQA, Real Estate, and Environmental and Energy Law.
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01.09.2013; 01.15.2013; 01.16.201323rd Annual Land Use and Development Law BriefingSeminarsScott's Restaurant / Walnut Creek, CA
Perkins Coie / San Francisco, CA
Perkins Coie / Palo Alto, CAA 90-minute multi-panelist presentation on 2012 developments and trends in Land Use, CEQA, Real Estate, and Environmental and Resources Law.
California Land Use & Development Law Report
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An Invalid Negative Declaration Can’t be Cured by Preparing a Limited EIR
A trial court could not order a remedy that required preparation of an environmental impact report limited to the potentially significant impacts that led to invalidation of the project’s negative declaration — once the trial court found substantial evidence supported a fair argument that the project may have one significant environmental impact, it had no... Continue Reading…
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Greenhouse Gas Mitigation Measure Allowing Purchase of Offset Credits Fails to Comply With CEQA
While a number of court decisions have considered how CEQA lead agencies should assess the significance of a project’s greenhouse gas emissions, few have examined mitigation measures for those impacts. In Golden Door Properties, LLC v. County of San Diego, 50 Cal. App. 5th 467 (2020), the Fourth District Court of Appeal issued the first... Continue Reading…
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In Save Berkeley’s Neighborhoods v. Regents of the University of California, 51 Cal.App.5th 226 (2020), the court of appeal rejected the University of California’s argument that it need not have prepared a Subsequent or Supplemental EIR to analyze the effects of its discretionary decisions to increase enrollment on the Berkeley campus. The University had prepared... Continue Reading…
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California Supreme Court Sets Standard for Air Quality Impact Analyses Under CEQA
The California Supreme Court has overturned the environmental impact report for a mixed-use development project, holding that the EIR inadequately explained the human health consequences of significant air pollutant emissions that would result from the development. Sierra Club v. County of Fresno, Cal. Supreme Court Case No. S219783 (Dec. 24, 2018). In so doing, the... Continue Reading…
