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July 29, 2004 9:05 PM Real Estate, Land Use and Environmental Attorneys
July 28, 2004 8:45 PM Blog Editorial Team
July 15, 2004 8:11 PM Domenic C. Drago - Practice Group Leader
July 13, 2004 8:00 PM Judy V. Davidoff - Partner
July 1, 2004 8:36 PM Donna Jones - Partner
June 15, 2004 8:44 PM Michael B. Wilmar - Special Counsel

Attorney List

July 9, 2011 9:27 PM Chicago
January 27, 2006 5:11 PM Washington, D.C.
July 20, 2004 9:35 PM Los Angeles
July 19, 2004 1:49 AM San Francisco
July 18, 2004 1:52 AM Orange County
July 17, 2004 2:00 AM San Diego/Del Mar
July 16, 2004 1:56 AM San Diego/Downtown

California Environmental Quality Act (CEQA)

April 22, 2013 5:21 PM No Relief Under CCP Section 473 For Missed Filing Deadline In CEQA Challenge
November 29, 2012 9:30 AM Zoning Director Approval Triggers Section 65009 Statute of Limitations
November 28, 2012 9:06 AM City May Adopt Housing Element Revisions Inconsistent With General Plan If City Also Adopts Timeline To Correct Inconsistencies
October 30, 2012 8:57 AM Further Confirmation Notice of Exemption Filed Before Project Approval is Void
October 26, 2012 4:48 PM The Amorphous "Unusual Circumstances" Exception to CEQA's Categorical Exemption Strikes Again
August 8, 2012 2:35 AM Appeals Court Reaffirms That Non-Prejudicial Planning And Zoning Code And CEQA Errors Cannot Serve As Basis For Overturning City Approval
July 12, 2012 1:57 AM Impacts On Required Public Services Not An Environmental Impact; No Mitigation Required
June 28, 2012 9:38 AM Parties Must Exhaust Administrative Remedies Before Challenging Even A CEQA Exemption
May 29, 2012 8:21 AM California Supreme Court Grants Hearing in Berkeley Hillside Preservation v. City of Berkeley
April 20, 2012 7:19 PM Use of Projected Future Conditions Appropriate Baseline for Analyzing Impacts of Long-Term Infrastructure Projects
March 29, 2012 5:43 PM California Supreme Court Denies Review of Case Holding that CEQA Does Not Require Analysis of Effects on a Project Caused by the Environment
February 17, 2012 9:52 AM Tiered EIR Must Be Prepared Where Program EIR Provides Insufficient Guidance on Discretionary Choices
February 14, 2012 11:43 PM Builders Charge New CEQA-Streamlining Laws, Guidelines Unhelpful
February 7, 2012 6:28 PM OPR Releases Proposed Guidelines for Streamlining CEQA Review of Infill Projects
February 2, 2012 1:14 AM Neither CEQA nor the Public Trust Requires Exclusion of Current Conditions in Determining Baseline for Purposes of Lease Renewal on Tide and Submerged Lands
February 2, 2012 1:07 AM CEQA Trumps Surplus Lands Act; Lead Agency Must Respond to All Comments Regardless of Merit
January 6, 2012 1:28 AM Court Clarifies CEQA Rules Regarding Infeasibility and Deferral of Mitigation
January 6, 2012 1:03 AM CEQA Does Not Require Identification of Significant Effects of the Environment (Sea Level Rise) on a Project; Assertion of New Claims Barred in EIR Required to be Revised by Judgment in a Prior Case
December 16, 2011 12:09 AM CEQA Amendments from the 2011 Legislative Session
December 7, 2011 5:37 PM Court Upholds Medical Campus Expansion, Provides Guidance on Using Future Traffic Projections to Analyze Traffic Impacts
November 4, 2011 11:13 PM ARB Passes Final Regulations for Cap-And-Trade Program
September 27, 2011 9:06 PM Court Clarifies Mitigation Requirements for Impacts to Historical Resources, Reaffirms Use of Existing Conditions as Analytical Baseline
September 14, 2011 9:29 PM California Legislature Passes Bills to Expedite Judicial Review of CEQA Challenges for Selected Projects
August 22, 2011 6:56 PM A Case Where CEQA Worked
August 5, 2011 9:31 PM Statutory Exemption Not Waived by Conducting EIR; Can be Invoked Even After Litigation Commences
August 5, 2011 7:04 PM We're People Too: Corporations Have Standing To File CEQA Citizen Suits
July 14, 2011 10:49 PM City's "Business‑As‑Usual" Threshold OK For Evaluating Greenhouse Gas Emissions Under CEQA
July 1, 2011 10:23 PM Government Code Does not Require Analysis of Environmental Impacts Directly Related to School Facilities
June 28, 2011 5:36 PM Reliance on Statutory Requirements to Mitigate Environmental Impacts Proper Under CEQA
June 21, 2011 9:13 PM Global Warming and Droughts Not New Information; Project Opponents Must Fairly Present Claims Before Filing CEQA Lawsuit
May 24, 2011 5:33 PM Court Affirms CEQA Does Not Require Cumulative Impact Analysis Where Project Makes No Contribution to Groundwater Impacts
April 11, 2011 6:57 PM Final Decision Suspends California's AB 32 GHG Regulations: What Now?
February 4, 2011 8:23 PM California Court Issues Tentative Ruling Enjoining AB 32 Implementation
January 3, 2011 10:59 PM Court Invalidates EIR's Use of a Baseline Predicated On Future, Post-Approval Conditions For Analysis of Project's Impacts
January 3, 2011 8:31 PM Baseline Using Existing Entitlements Acceptable If It Corresponds To Conditions "On The Ground"
October 15, 2010 4:43 PM Court of Appeal Upholds Previous Decision, Finding That the Requirements for Exhausting Administrative Remedies Before Challenging CEQA Exemption Did Not Apply
October 12, 2010 4:59 PM Governor Schwarzenegger Signs Two Bills Providing Moderate CEQA Improvements
August 5, 2010 11:23 PM Coastal Commission's No Substantial Issue Determination Will Be Upheld Even If Project Technically Not Consistent With LCP
July 15, 2010 8:09 PM County Approval of Conditional Siting Agreement Not A Project Approval Under CEQA
April 30, 2010 10:07 PM Notice Of Exemption Triggers A 35-Day Statute Of Limitations Under CEQA Despite Flaws in Underlying Approval
April 30, 2010 9:25 PM Supercenters Do Not Automatically Trigger Requirement To Study Urban Decay Effects In An EIR
April 27, 2010 5:59 PM Vested Rights Under Prior Permits Do Not Establish CEQA Baseline
April 16, 2010 8:15 PM Fish and Game Commission Seeks Comments Related to Proposed California Tiger Salamander Rulemaking
March 5, 2010 10:30 PM California's High Court Clarifies CEQA's 30-Day Statute of Limitations
February 18, 2010 1:18 PM A Brief Overview of the Recent Amendments to CEQA Guidelines
September 30, 2009 6:07 PM A State At Risk Attempts to Adapt to Climate Change
August 14, 2009 7:55 PM COURT OF APPEAL LIMITS 'TEXT' REQUIREMENT FOR LOCAL REFERENDUM PETITIONS
July 18, 2009 12:41 AM New Law Automatically Extends Existing Tentative Maps For Two Years, But Also Creates New Pitfalls, And Reduces Some Protections For Recorded Maps
July 8, 2009 10:16 PM Checklist Approval Of Design Plan Conforming To Guidelines Established Under Specific Plan Constitutes A Ministerial Act Under CEQA
June 19, 2009 1:36 PM County Outside Counsel Work Product Not Part of CEQA Record Even If Disclosed To Real Party In Interest
April 6, 2009 10:40 PM City Not Required To Identify Specific Location For Off-Site Mitigation Under CEQA Because Standards Sufficient
November 4, 2008 1:14 AM Agreements Conditioned On Subsequent CEQA Review Violate CEQA If Record Shows Agency Already Committed To Project
October 24, 2008 10:18 PM SB 375: California Adopts New Law Geared to Reduce Greenhouse Gas Emissions by Integrating Regional Transportation and Land Use Planning
September 17, 2008 7:57 PM Fish and Game Commission Must Accept Petition to List the CTS under California Endangered Species Act
August 18, 2008 9:17 PM Loss of Power? AQMD rules Designed to Spur Development of Newer, Cleaner Electrical Power Plants Recently Vacated in LA Superior Court
July 24, 2008 12:37 AM California Supreme Court Holds Headwaters Agreement Incidental Take Permit And Sustained Yield Plan Invalid
July 7, 2008 7:05 PM Denial Of A Conditional Use Permit For Airport Requires Initial Study Under CEQA Because Airport Closure May Affect Environment
September 25, 2007 11:32 PM CEQA Is Not Preempted by the Ellis Act
August 23, 2007 6:47 PM Global Warming Update: Legislature Amends CEQA Regarding Greenhouse Gas Emissions; Attorney General Settles Global Warming Suit
August 15, 2007 7:04 PM Test for Preparation of Supplemental or Subsequent EIR is Significance of Impacts from Project Modifications, Not the Modifications
June 26, 2007 12:27 AM California Supreme Court Upholds Use of "Common Sense" Exemption, Says That CEQA May Require Consideration of the Effects of "Displaced Development"
May 23, 2007 8:19 PM Global Climate Change Legislation Does Not Require Supplemental Environmental Review Under CEQA
February 20, 2007 7:40 PM Transfer Of Park & Recreation District Land To Third Party Was Not A Project Requiring Prior CEQA Review Where The Lack Of Any Development Plan Made Environmental Review Premature
February 14, 2007 8:12 PM Court Sets Aside Approval Of Demolition Permit On Basis That Findings Of Infeasibility Concerning EIR Project Alternatives Not Supported By Substantial Evidence
February 12, 2007 11:27 PM No Cause Of Action Under CEQA To Challenge County CEQA Determination Where Determination Superseded By Coastal Commission De Novo Review On Appeal
February 3, 2007 12:34 AM District Approval Of Agreement For Purchase And Sale Of Water Expressly Conditioned On Future CEQA Compliance Does Not Require Prior CEQA Review
January 2, 2007 7:54 PM CEQA Violated Where City Determined No Additional Environmental Review Required For Wal-Mart Supercenter
December 14, 2006 4:52 PM Court Overturns Award Of Record Preparation Costs As Excessive And Lacking Adequate Documentation
November 16, 2006 1:27 AM Lead Agency Can Decide New Information Does Not Require Recirculation Of A Final EIR Without First Adding The Information To The Final EIR
November 15, 2006 5:46 PM Filing Of Appeal To City Council Not Necessarily Required For Exhaustion Of Administrative Remedies
September 15, 2006 2:38 AM Major Victory for Habitat Conservation Planning: California Appeals Court Denies CEQA and CESA Challenge to Natomas Basin Habitat Conservation Plan
May 3, 2006 11:22 PM Cities Can Limit Big Box Retail But They Have To Be Fair To The Little Guy
December 15, 2005 4:29 PM CREED Case Leaves Questions Regarding Program EIRs
September 22, 2005 5:58 PM Court of Appeal Strikes Down Orange County Development Project
September 22, 2005 5:26 PM Court of Appeal Rules on Attorneys' Fees in CEQA Cases
March 17, 2005 11:25 PM Conversion and Collocation: Viable Tools for Increasing Housing Supply
July 16, 2004 9:01 PM Case Summary - Maintain Our Desert Environment v. Town of Apple Valley

Contact Us

July 12, 2005 9:20 PM Contact Us

Environmental

April 29, 2013 9:40 PM Can California Cap and Trade if Brussels Stumbles?
December 5, 2012 7:02 PM What Will It Cost for California to Save the World? California Conducts its First Greenhouse Gas Cap-and-Trade Auction
July 6, 2012 5:40 PM Flame Retardant Commonly Used in Furniture Added to Proposition 65 Chemical List
June 29, 2012 9:40 AM Revising Flammability Standards to Reduce Flame Retardants in Furniture
March 26, 2012 6:23 PM Comment Period to Close On Petition to FDA for Mandatory Labeling of All Foods Produced Using Genetic Engineering
March 21, 2012 6:56 PM Recent Water and Pesticide Regulatory Guidance
March 15, 2012 9:49 AM Proposition 65 Private Party Settlement Guidance Provides Clarity and a Limitation on Releases in the Public Interest
October 6, 2011 4:49 PM Governor Brown Signs Two Bills Intended to Protect Children From Toxic Exposures
July 1, 2011 10:32 PM Carbon Dioxide Emissions Not Subject to Federal Common Law Nuisance Claims
June 29, 2011 9:50 PM U.S. Supreme Court to Review Two Cases With Potentially Significant Consequences for Wetlands and Waterways
June 28, 2011 5:36 PM Reliance on Statutory Requirements to Mitigate Environmental Impacts Proper Under CEQA
June 13, 2011 9:42 PM Superior Court's Injunction Preventing California's Cap and Trade Program Has Been Stayed...Right?
April 12, 2011 6:17 PM Municipalities Are Responsible For Discharges Of Stormwater Regardless Of The Ultimate Source Of Pollution
February 4, 2011 8:23 PM California Court Issues Tentative Ruling Enjoining AB 32 Implementation
August 4, 2010 11:37 PM Under CERCLA, "Owner" Means Owner When Cleanup Costs Are Incurred, Not When Reimbursement Is Sought
September 30, 2009 6:20 PM 2nd Circuit Allows Public Nuisance Suit Against Greenhouse Gas Emitters
May 8, 2009 11:02 PM U.S. Supreme Court Holds Superfund's Traditional Joint and Several Liability and Arranger Liability Have Their Limits: Bar May Be Lowered For Demonstrating Apportionment Liability
March 10, 2009 12:06 AM California Budget Plan Will Delay Off-Road Diesel Emissions Regulations
September 17, 2008 8:15 PM What You Need To Know About SF's Green Building Ordinance
August 18, 2008 9:17 PM Loss of Power? AQMD rules Designed to Spur Development of Newer, Cleaner Electrical Power Plants Recently Vacated in LA Superior Court
July 29, 2008 12:11 AM Ninth Circuit Says EPA Must Regulate Marine Discharges, Including Ballast Water
July 24, 2008 9:11 PM EPA Releases Advance Notice Of Proposed Rulemaking Regarding Regulation Of Greenhouse Gas Emissions Under Clean Air Act
July 15, 2008 8:58 PM Update On Proposed Draft Regulation To Reduce Emissions Of Diesel Particulate Matter, And Other Pollutants From In Use On Road Heavy Duty Diesel-Fueled Engines
July 1, 2008 11:22 PM Reducing Greenhouse Gas Emissions: California Air Resources Board Releases Draft AB 32 Scoping Plan
June 11, 2008 11:15 PM No Idling: California Air Resources Board Adopts New Off-Road Diesel Rule
April 28, 2008 6:32 PM City of Los Angeles Adopts Green Building Ordinance on Earth Day
April 16, 2008 5:52 PM Corps And EPA Issue Important New Mitigation Rule
January 11, 2008 7:42 PM Clash of the Titans
December 7, 2007 6:04 PM California Sues U.S. Environmental Protection Agency, Seeks Permission To Enforce Own Standards Regulating Greenhouse Gas Emissions
November 20, 2007 5:20 PM THANK YOU FOR READING THE REAL ESTATE AND CONSTRUCTION LAW BLOG
November 1, 2007 11:46 PM California Air Resources Board Issues Proposed Regulations to Require Facilities to Report Greenhouse Gas Emissions Under the Global Warming Solutions Act
September 25, 2007 11:24 PM California Cannot Hold Carmakers Accountable For Their Contribution to Global Warming
September 8, 2007 1:25 AM California Air Resources Board Proposes Additional Early Action Measures Pursuant to the Global Warming Solutions Act (AB 32)
August 21, 2007 12:21 AM Summary of Proposed Draft Regulation to Reduce Emissions of Diesel Particulate Matter, and Other Pollutants From In-Use On-Road Heavy-Duty Diesel-Fueled Engines
July 31, 2007 7:29 PM Update to June 15, 2007 Blog: The California Air Resources Board Passes New Regulations Limiting Off-Road Diesel Engine Emissions (13 CCR SEC. 2449)
June 18, 2007 9:02 PM Private Parties Under CERCLA May Sue Potentially Responsible Parties for Cost Recovery Even if They Are Barred From Suing For Contribution
June 15, 2007 12:55 AM CARB Proposes New Diesel Emission Regulations (13 CCR SEC. 2449)
July 5, 2006 4:38 PM North Gualala Water Company v. State Water Resources Control Board, (June 16, 2006, A109438) __ Cal.App.4th __
December 15, 2005 4:29 PM CREED Case Leaves Questions Regarding Program EIRs
November 14, 2005 6:35 PM Court of Appeal Vacates $14 Million Damages Award for Environmental Trespass "Benefits"
September 22, 2005 5:26 PM Court of Appeal Rules on Attorneys' Fees in CEQA Cases
August 19, 2005 5:08 PM California District Court Answers CERCLA Question Left Open By U.S. Supreme Court
July 16, 2004 9:01 PM Case Summary - Maintain Our Desert Environment v. Town of Apple Valley

Fees & Exactions

April 1, 2013 5:04 PM Bill Introduced to Restore Cities' Ability to Require Affordable Housing
July 20, 2012 9:18 AM Inclusionary Zoning: Superior Court Strikes Down City of San Jose's "Inclusionary Housing" Ordinance
October 6, 2011 5:22 PM Inclusionary Zoning In California: Legal Questions And Issues
April 11, 2011 8:18 AM "Pay Under Protest" Procedure for "Other Exactions" Is Not Applicable to All Development Exactions
June 22, 2010 8:15 AM Mitigation Fee Act May Not Require Specific Identification of New Facilities
June 21, 2010 8:45 AM General And Special Benefits Of Special Assessments Must Be Separated And Quantified
October 29, 2009 5:58 PM Supreme Court Refuses to Hear Palmer Case - Are Inclusionary Zoning Practices Due for Change?
August 28, 2009 1:49 PM Administrative Fee for Tax Collection is an Unconstitutional Hidden Tax
July 18, 2009 12:41 AM New Law Automatically Extends Existing Tentative Maps For Two Years, But Also Creates New Pitfalls, And Reduces Some Protections For Recorded Maps
June 19, 2009 6:07 PM Appellate Court Decision Invalidating Unjustified "Affordable Housing In Lieu Fees" Is Now Final
March 10, 2009 12:29 AM Decision Overturning City's "Affordable Housing in Lieu Fee" Ordered Published by Court of Appeal
February 9, 2009 7:26 PM Affordable Housing In Lieu Fees Must Be Shown To Be Reasonably Related, And Limited, To "Deleterious Impacts Of New Development" Like Other Development Fees
July 18, 2008 4:31 PM Supreme Court Raises The Bar: Holds Prop. 218 Requires Court To Exercise Independent Judgment Regarding Validity Of Assessments And Places Burden Of Proof On Assessing Agency
January 29, 2007 7:26 PM New State Fees For Water Rights Permits and Licenses Unconstitutional Due To Failure To Demonstrate Reasonable "Proportionality" To Fee Payors
August 1, 2006 9:10 PM California Supreme Court Permits Use Of Local Initiatives To Reduce Or Repeal Water Delivery Charges, But Such Initiatives May Not Require That Future Rate Increases Be Submitted For Voter Approval
February 6, 2006 6:59 PM Building Permit Fees: Considerations Raised by the Recent Cal. Supreme Court Decision in Barratt-American v. City of Rancho Cucamonga
January 24, 2006 11:36 PM Cal Supreme Court Illuminates the Path for Suing Local Entities Over Excessive Building Permit Fees

Global Climate Change

April 29, 2013 9:40 PM Can California Cap and Trade if Brussels Stumbles?
December 5, 2012 7:02 PM What Will It Cost for California to Save the World? California Conducts its First Greenhouse Gas Cap-and-Trade Auction
July 20, 2012 9:16 AM Overcoming Inertia -- Advancing Corporate Leadership in Adaptation
June 26, 2012 10:54 AM California Appellate Court Greenlights Air Resources Board's Cap-And-Trade Program [1]
February 10, 2012 4:50 PM California Adopts Revolutionary New Clean Car Standards
January 6, 2012 12:14 AM Enforcement of California Low-Carbon Fuel Standard Blocked
November 4, 2011 11:13 PM ARB Passes Final Regulations for Cap-And-Trade Program
October 6, 2011 5:47 PM California AB 32's Cap-And-Trade Program Developments
July 14, 2011 10:49 PM City's "Business‑As‑Usual" Threshold OK For Evaluating Greenhouse Gas Emissions Under CEQA
July 1, 2011 10:32 PM Carbon Dioxide Emissions Not Subject to Federal Common Law Nuisance Claims
June 13, 2011 9:42 PM Superior Court's Injunction Preventing California's Cap and Trade Program Has Been Stayed...Right?
April 11, 2011 6:57 PM Final Decision Suspends California's AB 32 GHG Regulations: What Now?
February 4, 2011 8:23 PM California Court Issues Tentative Ruling Enjoining AB 32 Implementation
November 12, 2010 11:37 PM Proposition 23's Failure Means Full Speed Ahead On AB 32
September 23, 2010 11:31 PM The Truth About Proposition 23: Is it a "California Jobs Initiative" or a "Dirty Energy Proposition"...or Neither?
February 23, 2010 5:05 PM Council for Environmental Quality Issues Draft NEPA Guidance for Consideration of Climate Change Effects
February 18, 2010 1:18 PM A Brief Overview of the Recent Amendments to CEQA Guidelines
November 25, 2009 9:14 PM U.S. Fish and Wildlife Service Seeks Public Comment on Proposed Strategic Climate Change Plan
November 25, 2009 7:00 PM California Governor Signs S.B. 827 into Law; South Coast Air Quality Management District Now Permitted to Continue Emissions Trading Program
November 25, 2009 6:52 PM The EPA Uses the Clean Air Act to Propose New Rules Intended to Reduce GHG Emissions from Large Emitters
September 30, 2009 6:20 PM 2nd Circuit Allows Public Nuisance Suit Against Greenhouse Gas Emitters
September 30, 2009 6:07 PM A State At Risk Attempts to Adapt to Climate Change
August 20, 2009 6:57 PM Sheppard Mullin's New Climate Change and Clean Technology Blog

Inverse Condemnation

January 6, 2012 1:22 AM Court of Appeal Rules that Denial of a Landowner's Application to Develop Property Can Be a Compensable Regulatory Taking
January 6, 2012 12:46 AM Statements of Intent to Condemn Do Not Give Rise to Inverse Condemnation Claim
August 10, 2010 12:00 AM Three-Year Statute Of Limitations Applies To Inverse Condemnation Action
October 1, 2009 9:45 PM Regulatory Takings Law: Ninth Circuit Panel Holds A Mobile Home Rent Control Ordinance Is Subject To A "Facial Challenge" And Awards Compensation To Property Owners
October 23, 2008 5:42 PM City of Rancho Palos Verdes Liable for Taking During Moratorium
September 17, 2008 12:51 AM Nollan/Dolan Does Not Apply To A Facial Challenge Of A Land Use Regulation
July 3, 2008 7:37 PM Sea Walls Can Be Expensive: $2 Million Mitigation Fee for Loss of Shoreline Recreational Value is Not a Taking
June 20, 2008 12:44 AM Federal Claims Court Awards $4.2M to Ranchers' Estate for Taking of Water Rights
November 16, 2005 8:29 PM Ripeness Doctrine And Futility Exception Both Require Submission And Denial of a "Meaningful Application"

Land Use and Entitlements

November 29, 2012 9:30 AM Zoning Director Approval Triggers Section 65009 Statute of Limitations
November 28, 2012 9:06 AM City May Adopt Housing Element Revisions Inconsistent With General Plan If City Also Adopts Timeline To Correct Inconsistencies
October 30, 2012 8:57 AM Further Confirmation Notice of Exemption Filed Before Project Approval is Void
October 26, 2012 4:48 PM The Amorphous "Unusual Circumstances" Exception to CEQA's Categorical Exemption Strikes Again
August 8, 2012 2:35 AM Appeals Court Reaffirms That Non-Prejudicial Planning And Zoning Code And CEQA Errors Cannot Serve As Basis For Overturning City Approval
July 20, 2012 9:19 AM Federal Government's Eminent Domain Power Trumps California's Sovereign Public Trust Title
March 5, 2012 7:45 PM River Segment Must Be Navigable In Fact For Commercial Purposes At Statehood For State To Obtain Title To Riverbed Under The Equal Footing Doctrine
February 17, 2012 9:53 AM Decision to Deny a Zoning Change Subject to 90-Day Statute of Limitation
December 16, 2011 12:09 AM CEQA Amendments from the 2011 Legislative Session
December 7, 2011 5:37 PM Court Upholds Medical Campus Expansion, Provides Guidance on Using Future Traffic Projections to Analyze Traffic Impacts
November 22, 2011 11:30 PM Housing Accountability Act Applies to More Than Just Affordable Housing Developments
November 14, 2011 11:59 PM Condominium Developer Cannot Enforce CC&R's After Selling All Units
November 4, 2011 11:24 PM BCDC Bay Plan Amendments
September 27, 2011 9:06 PM Court Clarifies Mitigation Requirements for Impacts to Historical Resources, Reaffirms Use of Existing Conditions as Analytical Baseline
August 22, 2011 9:32 PM Zoning Unique to 70-Acre Parcel Not Spot Zoning
August 22, 2011 6:56 PM A Case Where CEQA Worked
August 5, 2011 9:31 PM Statutory Exemption Not Waived by Conducting EIR; Can be Invoked Even After Litigation Commences
August 5, 2011 7:04 PM We're People Too: Corporations Have Standing To File CEQA Citizen Suits
July 14, 2011 10:49 PM City's "Business‑As‑Usual" Threshold OK For Evaluating Greenhouse Gas Emissions Under CEQA
July 1, 2011 10:23 PM Government Code Does not Require Analysis of Environmental Impacts Directly Related to School Facilities
June 28, 2011 5:36 PM Reliance on Statutory Requirements to Mitigate Environmental Impacts Proper Under CEQA
June 21, 2011 9:13 PM Global Warming and Droughts Not New Information; Project Opponents Must Fairly Present Claims Before Filing CEQA Lawsuit
May 24, 2011 5:33 PM Court Affirms CEQA Does Not Require Cumulative Impact Analysis Where Project Makes No Contribution to Groundwater Impacts
March 8, 2011 12:01 AM State Policy Barring Development Seaward Of Most Landward Extension Of Historical Mean High Tide Line Invalid As Underground Regulation
March 8, 2011 12:01 AM Nonconforming Uses: Part One & Two
February 17, 2011 12:21 AM Developer Must Pay Prevailing Wages for Privately Financed Public Improvements
January 26, 2011 11:40 PM Ninth Circuit Abandons Federal Defendant Rule Prohibiting Intervention Of Right In NEPA Cases
January 21, 2011 5:46 PM Provisions in CC&R's Requiring Arbitration of Claims Against Developers by Homeowners Associations or Owners Are Not Enforceable
January 3, 2011 10:59 PM Court Invalidates EIR's Use of a Baseline Predicated On Future, Post-Approval Conditions For Analysis of Project's Impacts
January 3, 2011 8:31 PM Baseline Using Existing Entitlements Acceptable If It Corresponds To Conditions "On The Ground"
January 3, 2011 8:02 PM Attorney Fees Award May Be Reevaluated When Claims Are Partially Reversed On Appeal
January 3, 2011 7:48 PM Local Air District Rule Requiring Development Sites to Reduce Amount of Pollutants Emitted Not Preempted by the Clean Air Act
November 12, 2010 11:57 PM Courts Clarify Local Agency Role In Mobile Home Park Ownership Conversions
October 15, 2010 4:43 PM Court of Appeal Upholds Previous Decision, Finding That the Requirements for Exhausting Administrative Remedies Before Challenging CEQA Exemption Did Not Apply
October 12, 2010 4:59 PM Governor Schwarzenegger Signs Two Bills Providing Moderate CEQA Improvements
August 5, 2010 11:23 PM Coastal Commission's No Substantial Issue Determination Will Be Upheld Even If Project Technically Not Consistent With LCP
July 15, 2010 8:09 PM County Approval of Conditional Siting Agreement Not A Project Approval Under CEQA
June 22, 2010 7:53 PM Supreme Court Says Florida's Beach Preservation Activities Did Not Infringe Shoreline Property Rights; Justices Scrap Over Role Of Courts In Property Takings
June 22, 2010 8:15 AM Mitigation Fee Act May Not Require Specific Identification of New Facilities
June 21, 2010 8:50 AM San Francisco Distinction Between Drugstores and Supermarkets Goes Up in Smoke
June 21, 2010 8:45 AM General And Special Benefits Of Special Assessments Must Be Separated And Quantified
April 30, 2010 10:07 PM Notice Of Exemption Triggers A 35-Day Statute Of Limitations Under CEQA Despite Flaws in Underlying Approval
April 30, 2010 9:25 PM Supercenters Do Not Automatically Trigger Requirement To Study Urban Decay Effects In An EIR
April 27, 2010 6:39 PM Court Invalidates Housing Cap
April 27, 2010 5:59 PM Vested Rights Under Prior Permits Do Not Establish CEQA Baseline
March 5, 2010 10:30 PM California's High Court Clarifies CEQA's 30-Day Statute of Limitations
October 29, 2009 5:58 PM Supreme Court Refuses to Hear Palmer Case - Are Inclusionary Zoning Practices Due for Change?
September 10, 2009 5:31 PM New Construction General Permit Imposes Significant New Requirements for Storm Water Discharges
August 28, 2009 1:49 PM Administrative Fee for Tax Collection is an Unconstitutional Hidden Tax
August 18, 2009 7:53 PM Affordable Housing: Could California's Inclusionary Zoning Laws be on the Brink of Collapse?
August 14, 2009 7:55 PM COURT OF APPEAL LIMITS 'TEXT' REQUIREMENT FOR LOCAL REFERENDUM PETITIONS
July 18, 2009 12:41 AM New Law Automatically Extends Existing Tentative Maps For Two Years, But Also Creates New Pitfalls, And Reduces Some Protections For Recorded Maps
July 8, 2009 10:16 PM Checklist Approval Of Design Plan Conforming To Guidelines Established Under Specific Plan Constitutes A Ministerial Act Under CEQA
June 19, 2009 6:07 PM Appellate Court Decision Invalidating Unjustified "Affordable Housing In Lieu Fees" Is Now Final
June 19, 2009 1:36 PM County Outside Counsel Work Product Not Part of CEQA Record Even If Disclosed To Real Party In Interest
April 6, 2009 10:40 PM City Not Required To Identify Specific Location For Off-Site Mitigation Under CEQA Because Standards Sufficient
March 10, 2009 12:29 AM Decision Overturning City's "Affordable Housing in Lieu Fee" Ordered Published by Court of Appeal
February 9, 2009 7:26 PM Affordable Housing In Lieu Fees Must Be Shown To Be Reasonably Related, And Limited, To "Deleterious Impacts Of New Development" Like Other Development Fees
December 12, 2008 9:27 PM AB 32 Gains Traction - California Air Resources Board Adopts AB 32 Climate Change Scoping Plan
November 4, 2008 1:14 AM Agreements Conditioned On Subsequent CEQA Review Violate CEQA If Record Shows Agency Already Committed To Project
October 24, 2008 10:18 PM SB 375: California Adopts New Law Geared to Reduce Greenhouse Gas Emissions by Integrating Regional Transportation and Land Use Planning
October 23, 2008 5:50 PM Homestead exemption does not apply to Home owned by single shareholder corporation
October 23, 2008 5:14 PM Challenge to a moratorium resolution announcing plans for zoning amendments dismissed as not ripe to litigate
August 5, 2008 6:05 PM State Water Board Lifts Moratorium On New Construction in LA Region
July 31, 2008 8:10 PM Pre-1915 Subdivisions Not Validated By Map Act Grandfather Provisions
July 24, 2008 9:20 PM State Water Board Imposes Moratorium On New Construction In Los Angeles Region
July 18, 2008 4:31 PM Supreme Court Raises The Bar: Holds Prop. 218 Requires Court To Exercise Independent Judgment Regarding Validity Of Assessments And Places Burden Of Proof On Assessing Agency
July 16, 2008 8:40 PM New Law Automatically Extends Existing Vesting Tentative Maps, But Don't Celebrate Too Soon: There Are Pitfalls For The Unwary
July 7, 2008 7:05 PM Denial Of A Conditional Use Permit For Airport Requires Initial Study Under CEQA Because Airport Closure May Affect Environment
March 26, 2008 11:11 PM Five Year Statute of Limitations Applies to Unrecorded Rules of Homeowners Association
February 29, 2008 5:24 PM The Vineyard EIR Water Services Principles Applied
February 14, 2008 11:55 PM Absent Prohibition in Local Coastal Program, Coastal Commission May Designate Environmentally Sensitive Habitat Area During Consideration of a Development Permit
February 14, 2008 11:52 PM Court Strikes Down Coastal Commission Attempt to Designate Land as Environmentally Sensitive Habitat Area Without LCP Authority
January 24, 2008 5:12 PM Third District Court of Appeals Deals Blow to "Streamlined Zoning"
January 2, 2008 8:10 PM Ad Hoc Zoning Exceptions Impermissible, Even in Development Agreements: Neighbors in Support of Appropriate Land Use, et al. v. County of Tuolumne, et al., (Dec. 7, 2007, F051690) __ Cal. App. 4th
September 25, 2007 11:32 PM CEQA Is Not Preempted by the Ellis Act
August 23, 2007 6:47 PM Global Warming Update: Legislature Amends CEQA Regarding Greenhouse Gas Emissions; Attorney General Settles Global Warming Suit
August 15, 2007 7:04 PM Test for Preparation of Supplemental or Subsequent EIR is Significance of Impacts from Project Modifications, Not the Modifications
June 26, 2007 12:27 AM California Supreme Court Upholds Use of "Common Sense" Exemption, Says That CEQA May Require Consideration of the Effects of "Displaced Development"
June 11, 2007 6:13 PM Coastal Commission Can't Deny Permit Because of "Potential" Presciptive Public Access Rights
May 23, 2007 8:19 PM Global Climate Change Legislation Does Not Require Supplemental Environmental Review Under CEQA
April 25, 2007 6:16 PM California Coastal Commission Not Estopped from Enforcing Easily Visible, 18 Year Old Permit Violation
February 20, 2007 7:40 PM Transfer Of Park & Recreation District Land To Third Party Was Not A Project Requiring Prior CEQA Review Where The Lack Of Any Development Plan Made Environmental Review Premature
February 14, 2007 8:12 PM Court Sets Aside Approval Of Demolition Permit On Basis That Findings Of Infeasibility Concerning EIR Project Alternatives Not Supported By Substantial Evidence
February 12, 2007 11:27 PM No Cause Of Action Under CEQA To Challenge County CEQA Determination Where Determination Superseded By Coastal Commission De Novo Review On Appeal
February 3, 2007 12:34 AM District Approval Of Agreement For Purchase And Sale Of Water Expressly Conditioned On Future CEQA Compliance Does Not Require Prior CEQA Review
January 29, 2007 7:26 PM New State Fees For Water Rights Permits and Licenses Unconstitutional Due To Failure To Demonstrate Reasonable "Proportionality" To Fee Payors
January 18, 2007 7:38 PM Appeals Court determines that a contract for the sale of two undivided parcels was void in violation of the Subdivision Map Act.
January 2, 2007 7:54 PM CEQA Violated Where City Determined No Additional Environmental Review Required For Wal-Mart Supercenter
December 27, 2006 10:15 PM Newly Incorporated City May Disapprove Final Subdivision Map Even Though County Had Approved Vesting Tentative Map
December 20, 2006 4:57 PM A Vested Rights Determination Under SMARA Regarding Surface Mining Operations In The Diminishing Asset Context Is Subject To Procedural Due Process Requirements Of Reasonable Notice And Opportunity To Be Heard
December 14, 2006 4:52 PM Court Overturns Award Of Record Preparation Costs As Excessive And Lacking Adequate Documentation
November 17, 2006 8:46 PM Disclosure By Local Legislators Of Their Views In One-On-One Conversations With Other Legislators May Inadvertently Create Improper "Collective Concurrence"
November 16, 2006 1:27 AM Lead Agency Can Decide New Information Does Not Require Recirculation Of A Final EIR Without First Adding The Information To The Final EIR
November 15, 2006 5:46 PM Filing Of Appeal To City Council Not Necessarily Required For Exhaustion Of Administrative Remedies
October 26, 2006 7:01 PM Border Business Park, Inc. v. City of San Diego
September 22, 2006 7:30 PM Voting Rights Act Does Not Require Translation Of Recall Petition Into Minority Languages
June 5, 2006 4:29 PM Exclusive Possession Insufficient To Oust TIC Co-Tenant
May 3, 2006 11:22 PM Cities Can Limit Big Box Retail But They Have To Be Fair To The Little Guy
April 5, 2006 8:37 PM Court Of Appeal Confirms Applicability of Brown Act to Settlements Entered Into by Local Governments in Closed Session
March 15, 2006 5:58 PM Ninth Circuit Holds Recall Petitions Fall Within Bilingual Requirements of Federal Voting Rights Act of 1965
February 22, 2006 4:38 PM D.C. Circuit Holds Unanimously That "Tulloch Rule" Is Ripe For Judicial Review
February 6, 2006 6:59 PM Building Permit Fees: Considerations Raised by the Recent Cal. Supreme Court Decision in Barratt-American v. City of Rancho Cucamonga
January 5, 2006 8:35 PM Two Recent Cases Shed Light On Section 404 Alternatives Analysis
October 27, 2005 6:39 PM Guidelines For Land Uses Near Military Installations To Be Issued Nov. 30
October 13, 2005 4:49 PM Court of Appeal Emphasizes Importance of Development Agreements
October 10, 2005 6:33 PM Legislature Enacts New Public Resources Code Section 6307; Expands Land Commission's Exchange Authority
September 22, 2005 5:58 PM Court of Appeal Strikes Down Orange County Development Project
August 29, 2005 12:36 AM California Supreme Court To Rule On State Lands Commission's Exchange Authority
August 9, 2005 11:35 PM California Supreme Court Voids Jury Trial Waivers
July 14, 2005 2:09 AM U.S. Supreme Court Holds Condemnation for Economic Development is Constitutional
July 12, 2005 2:14 AM U.S. Supreme Court Holds That Final Takings Judgment In State Court Precludes Federal Claim
July 11, 2005 2:20 AM California Supreme Court Holds Legislative Appointments to Coastal Commission Are Constitutional
May 17, 2005 12:29 AM New Transportation Fee Threatens to Cripple County's Commercial, Industrial Development
March 17, 2005 11:25 PM Conversion and Collocation: Viable Tools for Increasing Housing Supply
March 1, 2005 12:33 AM Permits and Zoning
January 12, 2005 7:15 PM The Challenges of Infill Housing
July 19, 2004 6:43 PM CEQA Resources
July 15, 2004 8:41 PM Case Summary - Defend the Bay v. City of Irvine

Legal Info

April 25, 2005 11:43 PM Disclaimer
April 25, 2005 11:43 PM Privacy Policy

Natural Resources and Endangered Species

April 16, 2013 5:18 PM Utility Pole Not A Point Source Under The Clean Water Act
January 10, 2013 5:45 PM Conveyance of Polluted Water Within River Involves No 'Discharge' Under Clean Water Act
September 17, 2012 8:45 AM Recovery Plan Not Binding on Delisting Decisions
July 20, 2012 9:21 AM Supreme Court to Hear Two Significant Clean Water Cases
March 28, 2012 6:03 PM Supreme Court Holds EPA Compliance Order Asserting Clean Water Act Jurisdiction Is Subject to Judicial Review
February 22, 2012 7:08 PM New And Revised Nationwide Permits For Dredge And Fill Activities
November 22, 2011 11:37 PM 9th Circuit Upholds Biological Opinions For Proposed Mine
August 5, 2011 11:37 PM Fish and Wildlife Service Settles Lawsuits on Listing Deadlines
June 29, 2011 9:50 PM U.S. Supreme Court to Review Two Cases With Potentially Significant Consequences for Wetlands and Waterways
May 24, 2011 6:06 PM Application of Sections 7 and 9 of the Endangered Species Act to California Delta Smelt Does Not Violate Commerce Clause
February 28, 2011 7:02 PM Corps Proposes New, Reissued, And Modified Nationwide Permits
February 22, 2011 10:50 PM Fourth Circuit Offers Pyrrhic Victory On Corps Jurisdiction Over Developer's Clean Water Act Permit
July 15, 2010 10:31 PM California Endangered Species Act Prohibits State Agencies From Taking Threatened and Endangered Species Without Permit Authority
June 22, 2010 4:20 PM 9th Circuit Upholds Critical Habitat Designation for Mexican Spotted Owl
June 22, 2010 8:59 AM 9th Circuit Upholds Corps Permit and Biological Opinion
April 30, 2010 10:22 PM EPA Proposes 'Veto' of Section 404 Permit for Mountaintop Removal Coal Mining Project in West Virginia
April 16, 2010 8:15 PM Fish and Game Commission Seeks Comments Related to Proposed California Tiger Salamander Rulemaking
March 8, 2010 11:55 PM State Listing of California Tiger Salamander Warranted
November 25, 2009 9:14 PM U.S. Fish and Wildlife Service Seeks Public Comment on Proposed Strategic Climate Change Plan
July 8, 2009 10:27 PM EPA's New Source Performance Standard Does Not Apply to Discharges of Mining Slurry Regulated Under Section 404 of the Clean Water Act
April 6, 2009 10:56 PM EPA May Use Cost-Benefit Analysis In Setting "Best Technology Available" Standards Under Clean Water Act
April 6, 2009 10:40 PM City Not Required To Identify Specific Location For Off-Site Mitigation Under CEQA Because Standards Sufficient
March 26, 2009 5:25 PM Supreme Court Tightens Standing Requirements For Recreational Users Challenging Forest Service Actions
March 10, 2009 11:40 PM Army Corps Properly Limited Scope of NEPA Review of Section 404 Permits to Impacts of Filling Jurisdictional Waters
March 2, 2009 8:14 PM Fish and Game Commission Accepts Petition to List CTS and Adopts Interim Take Rules
January 23, 2009 9:39 PM California Fish and Game Commission to Consider Candidacy Status of California Tiger Salamander under CESA at February 5 Meeting
September 17, 2008 8:09 PM No Judicial Review of CORPS Jurisdictional Determinations Under APA
September 17, 2008 7:57 PM Fish and Game Commission Must Accept Petition to List the CTS under California Endangered Species Act
September 17, 2008 12:42 AM Ninth Circuit: Four 60-Day Notices Not Enough, Rejects Clean Water Act Challenge
July 24, 2008 12:37 AM California Supreme Court Holds Headwaters Agreement Incidental Take Permit And Sustained Yield Plan Invalid
June 20, 2008 8:21 PM Army Corps Proposes Templates to Expedite Development and Approval of Mitigation Bank Proposals
January 31, 2008 7:59 PM Corps Eliminates Elevations for Jurisdictional Delineations Affected by Rapanos Decision in Revised Coordination Procedures
August 29, 2007 1:32 AM Man-Made Pond That Is Within a Larger Wetland Area Adjacent to Traditionally Navigable Water Is Within Corps Jurisdiction Under Clean Water Act
August 10, 2007 6:43 PM Construction Activities During Dry Season in Creek Experiencing Seasonal Flow Only Two Months of the Year Violates Clean Water Act
June 6, 2007 2:27 AM Army Corps of Engineers, US EPA Publish Long-Awaited Guidance on Determining Clean Water Act Regulatory Jurisdiction Subject to the Supreme Court's Rapanos and Carabell Decisions
April 10, 2007 8:54 PM Ninth Circuit Holds Recovery Standard Applies To Jeopardy Analysis
March 26, 2007 10:55 PM Bureau of Reclamation Decision to Withhold Water, As Required By Federal Law, Did Not Breach 1983 State Water Contracts Nor Did It Constitute A Taking of A Vested Property Right.
March 21, 2007 9:34 PM Clean Water Act Update: Adjacent Wetlands Rule for Establishing Clean Water Act Regulatory Authority Does Not Apply to a Non-Wetland Diked Pond
March 14, 2007 10:22 PM Army Corps Issues New and Modified Nationwide Permits
March 13, 2007 7:34 PM Clean Water Act Update: District Courts on the East, West Coasts Explain and Apply the Rapanos Decision to Adjacent Wetlands and Intermittent and Ephemeral Streams
February 1, 2007 8:00 PM U.S. District Court Throws Out "Tulloch II" Rule Defining Incidental Fallback
December 29, 2006 7:49 PM Corps Announces Implementation of Arid West Interim Supplement to the 1987 Wetlands Delineation Manual
December 21, 2006 8:54 PM Court Orders the CTS be Considered for Listing under the California Endangered Species Act
September 26, 2006 10:38 PM Corps Proposes New, Reissued, and Modified Nationwide Permits
September 22, 2006 1:17 AM Nationwide Permits Scheduled To Expire On March 19, 2007
September 15, 2006 2:38 AM Major Victory for Habitat Conservation Planning: California Appeals Court Denies CEQA and CESA Challenge to Natomas Basin Habitat Conservation Plan
June 22, 2006 10:09 PM Supreme Court Curtails Army Corps Of Engineers' Jurisdiction
April 3, 2006 6:18 PM Court Concludes Fish And Wildlife Service Improperly Ignored Recovery Goal Of Critical Habitat Designation
February 22, 2006 4:38 PM D.C. Circuit Holds Unanimously That "Tulloch Rule" Is Ripe For Judicial Review
February 6, 2006 6:59 PM Building Permit Fees: Considerations Raised by the Recent Cal. Supreme Court Decision in Barratt-American v. City of Rancho Cucamonga
September 30, 2005 6:39 PM House Passes POMBO ESA Bill
September 27, 2005 4:59 PM Activity on Reform of The Endangered Species Act
September 22, 2005 5:58 PM Court of Appeal Strikes Down Orange County Development Project
August 9, 2005 11:35 PM California Supreme Court Voids Jury Trial Waivers
July 14, 2005 2:09 AM U.S. Supreme Court Holds Condemnation for Economic Development is Constitutional
October 1, 2004 7:05 PM Ninth Circuit Raises the Level of Protection Afforded to Critical Habitat
September 1, 2004 7:16 PM Statewide Listing of California Tiger Salamander As A Federal Endangered Species Took Effect on September 3, 2004, Critical Habitat Proposed
July 1, 2004 12:51 AM Major New ESA Decision Limits Mitigation the Services May Require

New Rules and Legislation

May 1, 2013 4:44 PM California Commercial Building Owners Must Comply With New Energy Use Disclosure Rules Commencing July 1, 2013
April 22, 2013 5:19 PM New Disability Access Law Imposes Notification Requirements For Commercial Leases
April 1, 2013 5:04 PM Bill Introduced to Restore Cities' Ability to Require Affordable Housing
September 28, 2012 4:43 PM ARB Initiates Potentially Controversial Agricultural Equipment Regulation
March 12, 2012 4:45 AM Redevelopment Law Unconstitutional Because of Impairment of Contract?
February 22, 2012 7:08 PM New And Revised Nationwide Permits For Dredge And Fill Activities
February 10, 2012 4:50 PM California Adopts Revolutionary New Clean Car Standards
February 7, 2012 6:28 PM OPR Releases Proposed Guidelines for Streamlining CEQA Review of Infill Projects
December 16, 2011 12:09 AM CEQA Amendments from the 2011 Legislative Session
November 4, 2011 11:24 PM BCDC Bay Plan Amendments
November 4, 2011 11:13 PM ARB Passes Final Regulations for Cap-And-Trade Program
October 6, 2011 5:47 PM California AB 32's Cap-And-Trade Program Developments
October 6, 2011 4:49 PM Governor Brown Signs Two Bills Intended to Protect Children From Toxic Exposures
October 4, 2011 4:39 PM Update On Redevelopment Law: Litigation Proceeds - Uncertainty Continues
September 14, 2011 9:29 PM California Legislature Passes Bills to Expedite Judicial Review of CEQA Challenges for Selected Projects
July 25, 2011 6:34 PM New Law Automatically Extends Subdivision Map Approvals (Again)
July 1, 2011 10:42 PM Update On Redevelopment Law: Governor Signs Trailer Bills To End Redevelopment Agencies Unless They Make Payments - Uncertainty Continues
June 16, 2011 10:34 PM Update On Redevelopment Law: Legislative Two Step To Cut Redevelopment Agency Funding Goes Down With Governor's Budget Veto
April 26, 2011 9:19 PM Update on Redevelopment Law: No News Is...No News
February 28, 2011 7:02 PM Corps Proposes New, Reissued, And Modified Nationwide Permits
February 22, 2011 11:10 PM Brokers - Thou Shalt Not Accept Payments From More Than One Source In Connection With a Mortgage Loan
November 12, 2010 11:37 PM Proposition 23's Failure Means Full Speed Ahead On AB 32
September 10, 2009 5:31 PM New Construction General Permit Imposes Significant New Requirements for Storm Water Discharges
April 13, 2009 8:57 PM Modifications of home loans under government program will not adversely affect REMICs
February 27, 2009 5:42 PM New Cancellation of Indebtedness Deferral Election May Not Cover Deed-In-Lieu Transactions
February 23, 2009 7:13 PM Stimulation Has Its Price - The Audit and Oversight Provisions of The 2009 Stimulus Bill Are Unlike Anything Most Funding Recipients Have Ever Seen
February 17, 2009 9:38 PM Tax Relief For Investment, Restructuring, Refinancing And Other Business Activity
September 17, 2008 8:15 PM What You Need To Know About SF's Green Building Ordinance
August 5, 2008 6:05 PM State Water Board Lifts Moratorium On New Construction in LA Region
July 24, 2008 9:20 PM State Water Board Imposes Moratorium On New Construction In Los Angeles Region
July 24, 2008 9:11 PM EPA Releases Advance Notice Of Proposed Rulemaking Regarding Regulation Of Greenhouse Gas Emissions Under Clean Air Act
July 16, 2008 8:40 PM New Law Automatically Extends Existing Vesting Tentative Maps, But Don't Celebrate Too Soon: There Are Pitfalls For The Unwary
July 15, 2008 8:58 PM Update On Proposed Draft Regulation To Reduce Emissions Of Diesel Particulate Matter, And Other Pollutants From In Use On Road Heavy Duty Diesel-Fueled Engines
July 1, 2008 11:22 PM Reducing Greenhouse Gas Emissions: California Air Resources Board Releases Draft AB 32 Scoping Plan
June 20, 2008 8:21 PM Army Corps Proposes Templates to Expedite Development and Approval of Mitigation Bank Proposals
June 11, 2008 11:15 PM No Idling: California Air Resources Board Adopts New Off-Road Diesel Rule
May 23, 2008 7:29 PM Relief for Securitization Vehicles: Mortgage Modification under Foreclosure Prevention Programs
April 28, 2008 6:32 PM City of Los Angeles Adopts Green Building Ordinance on Earth Day
January 31, 2008 7:59 PM Corps Eliminates Elevations for Jurisdictional Delineations Affected by Rapanos Decision in Revised Coordination Procedures
August 21, 2007 12:21 AM Summary of Proposed Draft Regulation to Reduce Emissions of Diesel Particulate Matter, and Other Pollutants From In-Use On-Road Heavy-Duty Diesel-Fueled Engines
November 29, 2005 11:22 PM U.S. EPA Issues Final Rule on "All Appropriate Inquiry" for Avoiding CERCLA Liability

Other

January 15, 2013 10:38 PM Recent tax law changes of 2013
October 25, 2012 9:01 AM Avoiding Things That Can Make You Go Bust In The Student Housing Boom
February 14, 2008 3:50 PM Court Clarifies Prompt Payment Risks to Contractor
November 2, 2007 12:12 AM Court Of Appeal Finds That A Tolling Agreement Between An HOA And Developer Tolls The Applicable Statute Of Limitations Even As To A Non-Party Subcontractor.
April 5, 2007 12:13 AM Federal Arbitration Act Preempts Contrary California Law and Prevents Purchaser of Real Property from Bringing an Action in Court for Construction and Design Defects
January 25, 2007 1:29 AM A Public Entity's Determination That A Subcontractor Could Be Substituted Under Public Contracts Code Section 4107 Is Denied Preclusive Effect In Subsequent Litigation
December 8, 2006 4:58 PM Clean Water Act Regulations Do Not Require Numeric Testing Of Individual Pollutants Or Numeric Effluent Limitations For Industrial Stormwater Discharges
July 12, 2006 5:18 PM A Cautionary Tale On Relying On Advice From Commission Staff
July 3, 2006 4:40 PM California Supreme Court Limits Pre-Election Challenges to Ballot Initiatives
April 11, 2006 5:23 PM California LLC Fee Unconstitutional; Filing Protective Claim For Refund
July 30, 2004 5:58 PM Real Estate/ Land Use/ Environmental Overview
July 20, 2004 6:02 PM CEQA and Land Use
June 13, 2004 7:24 PM Real Estate Litigation
June 10, 2004 6:10 PM Military Base Reuse and Closure ("BRAC")

Our Work

July 18, 2004 8:16 PM Our Work

Public Private Partnerships

March 23, 2009 8:40 AM Public-Private Partnerships: P3s and Competitive Bidding Laws (Part III)
March 10, 2009 1:03 PM Public-Private Partnerships: Potential Conflicts With Prevailing Wage Laws (Part II)
February 26, 2009 9:44 PM Public-Private Partnerships: A Growing Trend (Part I)

Real Property Transactions

February 2, 2012 1:02 AM The Covenant of Quiet Enjoyment - A Bang or a Whimper
February 22, 2011 11:10 PM Brokers - Thou Shalt Not Accept Payments From More Than One Source In Connection With a Mortgage Loan
August 10, 2010 5:36 PM Homeowner Associations and Members Not Necessarily Bound By Arbitration Provisions in CC&Rs or in Related Purchase Agreement Where Developer is Initial Declarant
March 9, 2010 12:41 AM Recovery Zone Facility Bonds May Not Provide the Economic Stimulus Local Agencies Hoped For
March 5, 2010 10:06 PM As of March 8, 2010, Major Title Insurers Will No Longer Underwrite Policies to Protect Creditors' Rights
November 19, 2009 7:00 PM Changes to Penalty for Failure to Timely File CA Entity Change in Ownership Statement
April 13, 2009 8:57 PM Modifications of home loans under government program will not adversely affect REMICs
January 28, 2009 10:15 PM Landlords Keep Your House In Order - Claims For Past Due Rents Dismissed Where Certificate Of Occupancy Not Obtained
October 23, 2008 5:50 PM Homestead exemption does not apply to Home owned by single shareholder corporation
September 7, 2007 11:34 PM Court May Not Imply Essential Terms Regarding Time and Payment to Make Option Agreement Enforceable if Parties Continued to Negotiate Those Terms After Execution of Agreement.
March 6, 2007 6:43 PM Physical Recordation Of A LIS Pendens With The Recorder's Office Does Not Provide Constructive Notice Of The Claim Until The LIS Pendens Is Properly Indexed By The Recorder.
February 3, 2007 12:24 AM Exculpatory Clauses In A Purchase Agreement Do Not Bar Claims By Buyers Of Real Property Alleging That The Seller's Brokers Made Intentional Misrepresentations About The Property
January 18, 2007 7:38 PM Appeals Court determines that a contract for the sale of two undivided parcels was void in violation of the Subdivision Map Act.
August 9, 2005 11:35 PM California Supreme Court Voids Jury Trial Waivers
July 26, 2005 7:11 PM Out of Form: Special Considerations in Biotech Leasing
July 18, 2005 5:49 PM Landlord's Profits Following Repossession Do Not Reduce Tenant's Liability For Breach
October 4, 2001 11:33 PM A Subtenant's Guide to Subleasing

Recent Articles

July 11, 2008 11:03 PM

Recent Cases

June 20, 2008 12:44 AM Federal Claims Court Awards $4.2M to Ranchers' Estate for Taking of Water Rights
February 14, 2008 11:55 PM Absent Prohibition in Local Coastal Program, Coastal Commission May Designate Environmentally Sensitive Habitat Area During Consideration of a Development Permit
February 14, 2008 11:52 PM Court Strikes Down Coastal Commission Attempt to Designate Land as Environmentally Sensitive Habitat Area Without LCP Authority
January 24, 2008 5:12 PM Third District Court of Appeals Deals Blow to "Streamlined Zoning"

Recent Cases - Environmental

June 26, 2012 10:54 AM California Appellate Court Greenlights Air Resources Board's Cap-And-Trade Program [1]
January 6, 2012 12:14 AM Enforcement of California Low-Carbon Fuel Standard Blocked
July 1, 2011 10:32 PM Carbon Dioxide Emissions Not Subject to Federal Common Law Nuisance Claims
June 13, 2011 9:42 PM Superior Court's Injunction Preventing California's Cap and Trade Program Has Been Stayed...Right?
April 12, 2011 6:17 PM Municipalities Are Responsible For Discharges Of Stormwater Regardless Of The Ultimate Source Of Pollution
April 11, 2011 6:57 PM Final Decision Suspends California's AB 32 GHG Regulations: What Now?
February 4, 2011 8:23 PM California Court Issues Tentative Ruling Enjoining AB 32 Implementation

Recent Cases - Land Use and Entitlements

April 22, 2013 5:21 PM No Relief Under CCP Section 473 For Missed Filing Deadline In CEQA Challenge
November 29, 2012 9:30 AM Zoning Director Approval Triggers Section 65009 Statute of Limitations
November 28, 2012 9:06 AM City May Adopt Housing Element Revisions Inconsistent With General Plan If City Also Adopts Timeline To Correct Inconsistencies
October 30, 2012 8:57 AM Further Confirmation Notice of Exemption Filed Before Project Approval is Void
October 26, 2012 4:48 PM The Amorphous "Unusual Circumstances" Exception to CEQA's Categorical Exemption Strikes Again
August 8, 2012 2:35 AM Appeals Court Reaffirms That Non-Prejudicial Planning And Zoning Code And CEQA Errors Cannot Serve As Basis For Overturning City Approval
July 20, 2012 9:19 AM Federal Government's Eminent Domain Power Trumps California's Sovereign Public Trust Title
July 12, 2012 1:57 AM Impacts On Required Public Services Not An Environmental Impact; No Mitigation Required
June 28, 2012 9:38 AM Parties Must Exhaust Administrative Remedies Before Challenging Even A CEQA Exemption
May 29, 2012 8:21 AM California Supreme Court Grants Hearing in Berkeley Hillside Preservation v. City of Berkeley
April 20, 2012 7:19 PM Use of Projected Future Conditions Appropriate Baseline for Analyzing Impacts of Long-Term Infrastructure Projects
March 29, 2012 5:43 PM California Supreme Court Denies Review of Case Holding that CEQA Does Not Require Analysis of Effects on a Project Caused by the Environment
March 5, 2012 7:45 PM River Segment Must Be Navigable In Fact For Commercial Purposes At Statehood For State To Obtain Title To Riverbed Under The Equal Footing Doctrine
February 17, 2012 9:53 AM Decision to Deny a Zoning Change Subject to 90-Day Statute of Limitation
February 17, 2012 9:52 AM Tiered EIR Must Be Prepared Where Program EIR Provides Insufficient Guidance on Discretionary Choices
February 2, 2012 1:07 AM CEQA Trumps Surplus Lands Act; Lead Agency Must Respond to All Comments Regardless of Merit
January 6, 2012 1:28 AM Court Clarifies CEQA Rules Regarding Infeasibility and Deferral of Mitigation
January 6, 2012 1:17 AM Map Act 90-Day Statute of Limitations Applies to Ordinances Adopted Under Authority of the Act
January 6, 2012 1:03 AM CEQA Does Not Require Identification of Significant Effects of the Environment (Sea Level Rise) on a Project; Assertion of New Claims Barred in EIR Required to be Revised by Judgment in a Prior Case
January 5, 2012 11:40 PM Superior Court Strikes Down Numeric Effluent Limits in California's Construction General Permit
December 7, 2011 5:37 PM Court Upholds Medical Campus Expansion, Provides Guidance on Using Future Traffic Projections to Analyze Traffic Impacts
November 22, 2011 11:30 PM Housing Accountability Act Applies to More Than Just Affordable Housing Developments
November 14, 2011 11:59 PM Condominium Developer Cannot Enforce CC&R's After Selling All Units
September 27, 2011 9:06 PM Court Clarifies Mitigation Requirements for Impacts to Historical Resources, Reaffirms Use of Existing Conditions as Analytical Baseline
August 22, 2011 9:32 PM Zoning Unique to 70-Acre Parcel Not Spot Zoning
August 22, 2011 6:56 PM A Case Where CEQA Worked
August 5, 2011 9:31 PM Statutory Exemption Not Waived by Conducting EIR; Can be Invoked Even After Litigation Commences
August 5, 2011 7:04 PM We're People Too: Corporations Have Standing To File CEQA Citizen Suits
July 14, 2011 10:49 PM City's "Business‑As‑Usual" Threshold OK For Evaluating Greenhouse Gas Emissions Under CEQA
July 1, 2011 10:23 PM Government Code Does not Require Analysis of Environmental Impacts Directly Related to School Facilities
June 28, 2011 5:36 PM Reliance on Statutory Requirements to Mitigate Environmental Impacts Proper Under CEQA
June 21, 2011 9:13 PM Global Warming and Droughts Not New Information; Project Opponents Must Fairly Present Claims Before Filing CEQA Lawsuit
May 24, 2011 5:33 PM Court Affirms CEQA Does Not Require Cumulative Impact Analysis Where Project Makes No Contribution to Groundwater Impacts
April 11, 2011 8:18 AM "Pay Under Protest" Procedure for "Other Exactions" Is Not Applicable to All Development Exactions
March 8, 2011 12:01 AM State Policy Barring Development Seaward Of Most Landward Extension Of Historical Mean High Tide Line Invalid As Underground Regulation
February 17, 2011 12:21 AM Developer Must Pay Prevailing Wages for Privately Financed Public Improvements
January 26, 2011 11:40 PM Ninth Circuit Abandons Federal Defendant Rule Prohibiting Intervention Of Right In NEPA Cases
January 21, 2011 5:46 PM Provisions in CC&R's Requiring Arbitration of Claims Against Developers by Homeowners Associations or Owners Are Not Enforceable
January 3, 2011 10:59 PM Court Invalidates EIR's Use of a Baseline Predicated On Future, Post-Approval Conditions For Analysis of Project's Impacts
January 3, 2011 8:31 PM Baseline Using Existing Entitlements Acceptable If It Corresponds To Conditions "On The Ground"
January 3, 2011 8:02 PM Attorney Fees Award May Be Reevaluated When Claims Are Partially Reversed On Appeal
January 3, 2011 7:48 PM Local Air District Rule Requiring Development Sites to Reduce Amount of Pollutants Emitted Not Preempted by the Clean Air Act

Recent Cases - Natural Resources and Endangered Species

April 16, 2013 5:18 PM Utility Pole Not A Point Source Under The Clean Water Act
January 10, 2013 5:45 PM Conveyance of Polluted Water Within River Involves No 'Discharge' Under Clean Water Act
September 17, 2012 8:45 AM Recovery Plan Not Binding on Delisting Decisions
July 20, 2012 9:21 AM Supreme Court to Hear Two Significant Clean Water Cases
March 28, 2012 6:03 PM Supreme Court Holds EPA Compliance Order Asserting Clean Water Act Jurisdiction Is Subject to Judicial Review
November 22, 2011 11:37 PM 9th Circuit Upholds Biological Opinions For Proposed Mine
June 29, 2011 9:50 PM U.S. Supreme Court to Review Two Cases With Potentially Significant Consequences for Wetlands and Waterways
February 22, 2011 10:50 PM Fourth Circuit Offers Pyrrhic Victory On Corps Jurisdiction Over Developer's Clean Water Act Permit

Recent Cases - Transactional

February 2, 2012 1:02 AM The Covenant of Quiet Enjoyment - A Bang or a Whimper
August 10, 2010 5:36 PM Homeowner Associations and Members Not Necessarily Bound By Arbitration Provisions in CC&Rs or in Related Purchase Agreement Where Developer is Initial Declarant

Recent Redevelopment News and Analysis

October 2, 2012 9:35 AM Redevelopment: Rising From The Ashes Or Final Death Rattle?
March 12, 2012 4:45 AM Redevelopment Law Unconstitutional Because of Impairment of Contract?
January 5, 2012 7:19 PM State Cancellation of Redevelopment Agencies May Affect You!
December 29, 2011 7:38 PM Update On Redevelopment Law: The Supreme Court Makes it Official - Redevelopment Is Dead In California
December 28, 2011 10:46 PM Supreme Court Ruling on Redevelopment Fate Expected Tomorrow
December 16, 2011 11:07 AM Sheppard Mullin's Michael Kiely Interviewed on the Ramifications of Redevelopment Legislation
October 4, 2011 4:39 PM Update On Redevelopment Law: Litigation Proceeds - Uncertainty Continues
July 1, 2011 10:42 PM Update On Redevelopment Law: Governor Signs Trailer Bills To End Redevelopment Agencies Unless They Make Payments - Uncertainty Continues
June 16, 2011 10:34 PM Update On Redevelopment Law: Legislative Two Step To Cut Redevelopment Agency Funding Goes Down With Governor's Budget Veto
April 26, 2011 9:19 PM Update on Redevelopment Law: No News Is...No News

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