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CEQA Lawsuit to Enforce Climate Change Mitigation Measure Prevails

  By:  Katherine A. McKitterick and Sean M. Sherlock On October 29, 2014 the California Court of Appeal affirmed a trial court’s judgment enforcing a mitigation measure adopted by a county in its program environmental impact report (PEIR).  As of the date of this blog post, this case is unpublished.  Therefore, this case does not […]

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Coastal Commission Public Access Condition Held Invalid

By:  Sean M. Sherlock On October 23, 2014, the California Court of Appeal invalidated a coastal development permit condition requiring a property owner to dedicate an easement for public access across her property.  The case relied in part on U.S. Supreme Court decisions in the Nollan and Dolan cases, but was primarily based upon the […]

Legislature Expands CEQA to Require Tribal Consultation

By Sean M. Sherlock and Brian Daluiso On September 25, 2014, Governor Edmund G. Brown, Jr., signed Assembly Bill No. 52 (“AB 52”) into law. The new law expands the California Environmental Quality Act (“CEQA”) to provide that any public or private “project with an effect that may cause a substantial adverse change in the […]

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Former Associate

Time to Dust Off California Water Law On Development Moratoria

by Sean M. Sherlock and Katherine McKitterick As the California drought continues, the state’s need for a solution intensifies.  Last month Governor Brown signed into law a series of bills creating a new regulatory program for groundwater extraction.  In November, the electorate will vote on Proposition 1, a $7.5 billion bond issuance for state water […]

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“CEQA-in-Reverse” Case Headed for the California Supreme Court

Real estate developers, public agencies and private businesses involved in land development or redevelopment may soon have to contend with a new far-reaching interpretation of the California Environmental Quality Act (CEQA). Rick McNeil, Jon Frank and Connie Bak discuss how the California Supreme Court’s decision in California Building Industry Association v. Bay Area Air Quality […]

| 1 min read | Tagged: ,
Former Partner
Former Associate

“Takings” Decision Raises State Law Questions

Originally published in the Los Angeles Daily Journal In a 5-4 decision authored by Justice Alito, the U.S. Supreme Court last week expanded the scope of private property right protections in a takings case which held that a local land use authority must adhere to constitutional takings protections in cases in which a development permit […]

| 1 min read
Former Partner

CEQA Reform Update

[Originaly published in Developing News, March 19, 2013] In January of this year I offered some thoughts on sensible reform of the California Environmental Quality Act (“CEQA”)—A Sensible Proposal for CEQA Reform (1/16/13). Now that the deadline has passed for the legislators to introduce their bills, we have a clearer picture of what Sacramento views […]

| 4 min read

Hope on the Horizon for Proposition 65 Reform?

by Colin Higgins Many Orange County businesses have experienced first-hand the frustration of receiving a 60-day (presuit) notice letter under Proposition 65 alleging that the business failed to provide legally-required warnings to its customers or the public. Recently introduced legislation hopes to alleviate much of that frustration. Everyone is familiar with Proposition 65 warning signage […]

| 5 min read