Recent Articles in Legal Digest

You Can't Sue Over Policies They Haven't Violated Yet

by William Fulton on Dec 22, 2018
CEQA , General Plan, Plumas County, Timberlands Act

Plumas enviros may be suspicious of the county's general plan policies, but that's not enough to win. >>read more

School Fee Study Flunks The Test

by William Fulton on Dec 22, 2018
Campbell, School Fees

Campbell developer gets $499,000 refund. >>read more

 

Lay Comments on Aesthetics Trigger EIR

by William Fulton on Dec 20, 2018
Aesthetics, CEQA, Dollar General, El Dorado County, Georgetown, Historic Preservation

In another Dollar General case, appellate court also says historic review is not a substitute for CEQA. >>read more

When Does Guidance Become A Threshold?

by William Fulton on Oct 23, 2018
CEQA, Climate Action Plans, Greenhouse Gas Emissions, San Diego County

The Fourth District rules that San Diego County created a significance threshold for GHG emissions -- even though the threshold was supposedly a recommended method never adopted by the county. >>read more

Kavanaugh Misses Oral Argument on Two Major Land-Use Cases

by William Fulton on Oct 10, 2018
Endangered Species, Takings, U.S. Supreme Court

With 4-4 ties looming, court will have to decide whether to rehear cases. >>read more

Housing Element EIR Can Use Future Baseline

by William Fulton on Sep 9, 2018
CEQA, Housing Element, San Francisco

It's a policy document that accommodates growth rather than inducing it, appellate court says. >>read more

Hollywood Target: CEQA Inside-Out

by William Fulton on Sep 4, 2018
CEQA, Hollywood, Spot Zoning

Appellate Court gives green light to complete half-built project after rejecting plaintiff's CEQA arguments. >>read more

Temporary Zoning-GP Inconsistency Is OK, Cal Supremes Rule

by William Fulton on Aug 26, 2018
General Plan, Morgan Hill, Referendum, Zoning

Referendum that repeals zoning ordinance cannot be knocked off the ballot of a city has the ability to quickly reconcile the inconsistency. >>read more

Development Agreements Can't Be Passed By Initiative

by William Fulton on Aug 26, 2018
Development Agreements, Moreno Valley, Tuolomne Tactic

Appellate court says negotiation with local government is an essential part of the process. >>read more

"Fact-Based Comments" Carry The Day In Fremont

by William Fulton on Aug 14, 2018
CEQA, Fremont, Historic Districts, Infill Development

Objections to townhome project were not just opinion, appellate court rules -- thus opening the way for an environmental impact report. >>read more