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Articles Posted in CEQA

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JMBM Files Lawsuit on Behalf of Coalition Challenging Ventura County Wildlife Corridor Ordinance Approved Without Environmental Review

LOS ANGELES — On behalf of the Ventura County Coalition of Labor, Agriculture and Business (CoLAB), Jeffer Mangels Butler & Mitchell LLP (JMBM) filed a lawsuit in Superior Court against the County of Ventura challenging a Wildlife Corridor Ordinance that rezones more than 160,000 acres and imposes complex new rules and…

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California Appeals Court Upholds Legislative Workaround that Mooted CEQA Suit Targeting Development Project in Los Angeles

By Martin Stratte for Jeffer Mangels Butler & Mitchell LLP In August 2018, the California Court of Appeal decided Citizens Coalition Los Angeles v. City of Los Angeles, 26 Cal.App.5th 561 (2018), commonly referred to as “Target II,” which arose from a years-long challenge by citizen activist organizations to the…

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State Agencies Cannot Use State Budgetary Uncertainties to Escape Mitigation Obligations under CEQA

By Neill Brower The California Supreme court determined the California State University (“CSU”) could not rely solely on earmarked appropriations from the State Legislature for payment of “fair share” mitigation fees the CSU determined necessary for full mitigation of impacts, and the absence of specific legislative appropriations for mitigation fees…

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California Land Use Lawyer: Will We See CEQA Reform In 2015?

By Benjamin M. Reznik In terms of land use regulations that have far-reaching effects on development in California, the application – or misapplication – of the California Environmental Quality Act (CEQA) is near the top of the list. CEQA, when first implemented, certainly had a well-intentioned purpose: to protect the…

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CEQA Bill to Protect Native American Cultural Resources Creates New Challenges and Opportunities for Project Applicants

On September 25, 2014, Governor Brown signed Assembly Bill 52 (“AB 52”), which modifies the California Environmental Quality Act (“CEQA”) to add new protections for Native American cultural resources and enhances the role of Native American tribes in the environmental review process. AB 52 is a significant amendment to CEQA…

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Last-Minute CEQA Bill Brings Significant Changes for Major Infrastructure Projects and Projects within Transit Priority Areas

This session’s California Environmental Quality Act (“CEQA”) reform bill, Senate Bill 743 (“SB 743”) packs a potentially large punch, but only for a narrow group of projects. SB 743 is the brainchild of Senator Darrell Steinberg (D-Sacramento), who made CEQA reform a top political priority for 2013. While Senator Steinberg’s…

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California Supreme Court to Local Agencies: Hypothetical Future Baselines in CEQA are not per se Improper in All Cases, but likely are Improper in the Vast Majority

by Neill Brower An August 5, 2013, the California Supreme Court provided some additional flexibility to local agencies in deciding what conditions properly constitute the “baseline” for analysis under the California Environmental Quality Act (“CEQA”). The decision, Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (“Neighbors”), Case No.…

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Citizens for Ceres v. Superior Court: New California Court of Appeal Opinion Addressing Privilege Issues in Connection with Review Under California’s Environmental Quality Act Will Have Lasting Impact on Litigation Involving Land Use Entitlements

By Matthew Hinks Effective environmental review of a real estate development project under the California Environmental Quality Act (“CEQA”) often requires that the approving agency and representatives of the developer work together collaboratively to ensure that environmental review is carried out according to the dictates of the law. However, doing…

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CEQA Claimants Be Warned: New California Court of Appeal Opinion Holds That CEQA Filing Deadlines are Mandatory and Not Subject to Extension for Good Cause

By Matthew Hinks Statues of limitations issues frequently loom large in litigation under the California Environmental Quality Act (“CEQA”) and can confound litigants and their counsel. Depending on the challenge being made and the context in which it is made, claims brought under CEQA may be subject to a range…

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Development Rights and CEQA Challenges: Court of Appeal Upholds 3-Year Tolling Agreement in CEQA Lawsuit – Cause of action governed by a 30-day limitations period

by Matthew Hinks The California Legislature and the courts have recognized that challenges to the California Environmental Quality Act (CEQA), if allowed to drag on, would impede the decisions of public agencies regarding land use. For this reason, CEQA imposes very short limitations periods and requires CEQA cases be given…

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