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Legal Digest
In Sheetz Followup, Court Okays El Dorado County Exactions System
The U.S. Supreme Court struck down a more expansive legal standard for exactions. But on remand, a California appellate court has found that the "averaging" system used in El Dorado County meets the narrower legal tests from the Nollan and Dolan cases.
William Fulton
Jul 30, 2025
Fresno Didn't Follow Zoning in Approving Costco With Warehouse
Judge also says city can't rely on greenhouse gas reduction plan that was kicked out by appellate court.
William Fulton
Jul 27, 2025
When CEQA and Housing Elements Conflict
In a small town in Kern County, a water district is using California Environmental Quality Act litigation to fight the city's plans to create more housing as required by the Regional Housing Needs Allocation process.
William Fulton
Jul 20, 2025
Judge Orders Fresno To Approve Housing Project
The city had denied the project, claiming it was inconsistent with the general plan. But the judge, a former city council member, said the inconsistency was not identified during the "shot clock" period under the Housing Accountability Act.
William Fulton
Jul 20, 2025


Settlement Reached in Tahoe Ski Resort Dispute
Agreement on Village at Palisades Tahoe -- formerly Squaw Valley -- ends 14 years of legal wrangling over the expansion of one of the nation's largest ski resorts.
William Fulton
Jul 14, 2025
Developers Can't Use "Upstream" Cap-And-Trade Allowances To Offset GHG Emissions
In a CEQA case involving a Tejon Ranch project in the Antelope Valley, an appellate court concluded that a land use project is not a "covered entity" under the cap-and-trade law the way an oil refinery is.
William Fulton
Jun 29, 2025
Judge Rules Against Citizen Group in Newport Beach Housing Case
Despite a vote requirement ordinance for major General Plan amendments, Housing Element did not have to be submitted to the voters.
William Fulton
Jun 23, 2025
CEQA Ruling Could Make Segmenting Easier
The First District Court of Appeal published a ruling that favored the City of Eureka over opponents of an affordable housing project downtown. The city had separated the surplusing of the land from the selection of the affordable housing developer.
William Fulton
Jun 15, 2025
Split Decision on Permit Streamlining Act v. CEQA
Appellate court rules that county can't condition permit completeness on additional environmental information not on the checklist -- but can do so if the checklist is more complete.
William Fulton
Jun 7, 2025
Court Rejects MND, Requires EIR To Be Prepared Over Aesthetic Issues
Mt. Shasta charter school case shows that subjective design standards still matter and the threshold for an environmental impact report is low -- at least for non-residential projects.
William Fulton
May 20, 2025
Battle Over Parking Lots and Affordable Housing in Eureka Continues
But after getting thumped in a local election, parking lot supporters -- backed by a local billionaire -- lose one in court as well.
William Fulton
May 19, 2025


Court Rules Against EIR On Dodger Stadium Gondola
But the ruling is not all bad news for LA Metro, as future development plans for stadium's parking lots do not have rto be considered.
William Fulton
May 3, 2025
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