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Legal Digest
Will the Supreme Court's Abortion Ruling Make It Easier To Turn Down Development Projects in California?
The justices have taken aim at the "substantive due process" argument -- which landowners have always tried to use to overturn land use decisions they don't like.
William Fulton
Jul 4, 2022
Cities Can't Sue COGs Over RHNA Applications
In a case from San Diego, an appellate court reaffirms a 13-year old ruling that says the legislature has barred RHNA allocation lawsuits by COG members.
William Fulton
Jun 22, 2022
When Is A CEQA Project Description Too Narrow?
When it doesn't allow the environmental impact report to analyze anything except the project that was proposed -- in this case, a Crystal Geyser bottling plant near Mount Shasta.
William Fulton
May 30, 2022


CEQA Judge's Lament: "Something Is Very Wrong With This Picture"
Court sides with developer in 48-year-old case from Tiburon but judge goes off on CEQA. Meanwhile, Marin County negotiates with developer to purchase the property for open space.
William Fulton
May 24, 2022
Judge Upholds Constitutionality of SB 10
AIDS Heathcare Foundation and Redondo Beach get nowhere in their argument that city councils can't override local ballot measures.
William Fulton
May 16, 2022
AIDS Healthcare Foundation Loses Another Hollywood Housing Case
AHF attempted to increase affordable housing in a neighboring project by invoking the repealed redevelopment law.
William Fulton
May 9, 2022
When An AirBNB Is A Residence, Not A Motel
Manhattan Beach tried to retrofit an old ordinance to cover short-term rentals without Coastal Commission approval. It didn't work.
William Fulton
Apr 19, 2022
Can Conserving Land Be An EIR Alternative?
An appellate court says yes -- if funding sources are available, even if it's unlikely that the landowner is willing to sell.
William Fulton
Apr 4, 2022
Legal Briefs: Project Descriptions Don't Have To Be Specific After All
Plus: SB 743 strikes again in Pleasanton Costco case.
William Fulton
Mar 29, 2022


Judge Shuts Down Fanita Ranch Project
EIR didn't give enough detail on wildfire evacuation in latest chapter of 40-year development saga.
William Fulton
Mar 13, 2022
Enviros Stop Martis Valley Project
Appellate ruling may make it more difficult for CEQA practitioners to reconcile GHG analysis with state targets.
William Fulton
Mar 7, 2022
Enviros Lose Battle Over "Infill" In Chico
In an published ruling, an appellate court says the city's general plan encourages -- but does not require -- infill development.
William Fulton
Feb 6, 2022
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