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Legal Digest


No Seawalls For Projects Built After 1976
Reversing a trial judge, an appellate court ruled that a seawall can be built to protect an apartment complex built in 1972 -- but not an adjacent condo building built in 1984, eight years after the Coastal Act was passed.
William Fulton
Dec 15, 2024


Project Description, Mitigations Upheld in Upland Park Case
Controversial park project likely to move forward after appellate ruling found no merit in lawsuit from longtime community activist, who argued that the project description wasn't detailed enough and her own comments constituted sustantial evidence for an EIR.
William Fulton
Dec 8, 2024
Federal Court Shoots Down NEPA Regulations
Split court concludes that the White House Council on Environmental Quality doesn't have the legal authority to issue regulations. Confusion among NEPA practitioners is likely.
William Fulton
Nov 24, 2024


Court Refuses To Narrow CEQA Infill Exemption
<p>In a case against a grocery store in King City brought by a union, the Sixth District Court of Appeal said that other infill definitions in the CEQA Guidelines do not apply to Class 32 exemptions.</p>
William Fulton
Nov 24, 2024
Enviros and State Win Reverse-Reverse-CEQA Appeal
Appellate court says that Lake County didn't adequate analyze the impact of a new resort on wildfire evacuation routes of current residents.
William Fulton
Nov 19, 2024
Court Overturns Previous Student Housing Ruling - With A Hitch
Yes, the rooftop deck near the University of Southern California doesn't create a significant impact under CEQA, as per the People's Park case. But the City of Los Angeles still must find that the project conforms with an old redevelopment plan.
William Fulton
Nov 4, 2024


Is Sale Of Public Property Subject To CEQA?
<p>If it includes a disposition and development agreement with a specific development program, the answer is yes, according to a San Diego judge.</p>
William Fulton
Oct 28, 2024
Preservationists Lose In Capitol Annex Case
Appellate court rules that bill exempting project from CEQA does not violate state constitution. Preservationists made the unsuccessful argument that the state cannot be trusted to implement the law constitutionally.
William Fulton
Oct 13, 2024
Upland warehouse doesn’t need EIR
In reversing trial court ruling, appellate court okays lower significance threshold -- but also says higher baseline in a supplemental analysis was fine.
William Fulton
Sep 16, 2024
Elk Grove Settles, Will Be Monitored By HCD
The city was already allowing a controversial project to move forward and paying $2.3 millino to the developer in attorneys fees. Now it must subject itself to five years of HCD monitoring and pay $150,000 in attorneys fees to teh state.
William Fulton
Sep 8, 2024
Streetscape Plan Is Exempt From CEQA
Appellate court rejects CEQA challenges to L.A.'s Westside Mobility Plan, also concluding that the planning commission can certify the EIR even though the city council must approve some aspects of the project.
William Fulton
Aug 26, 2024
Santee council can’t end-run voters on Fanita Ranch
San Diego judge rules that Santee couldn't end-run a voter referendum by repealing approval and then passing an emergency ordinance moving the project forward. SB 330 was no help.
William Fulton
Aug 19, 2024
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