Tips to Ensure You Exhaust Your Administrative Remedies and Don’t Get Ensnared by Res Judicata.CEQA is a common tool used to oppose land use projects in California by interested parties. For example, environmental groups may comment on a project through the CEQA process to ensure impacts are avoided and adequately mitigated. Those in the NIMBY camp (Not
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Land Use, Zoning, and CEQA Should Be Considered When Investing in Opportunity Zones.
Opportunity Zones Promise Great Rewards, but to reap the rewards, investors should beware of land use and zoning associated with opportunity zones.
Opportunity Zones are intended to spur private investment in low-income areas that have been designated by California as Opportunity Zones. See here for a map of opportunity Zones by GovOps. While much has
When the Mere Sale or Lease of Property Could Trigger CEQA Review
Private parties who plan to jump into a real property transaction with a public agency should be aware that their deal could be impacted or held up by the California Environmental Quality Act (CEQA).
If not fully informed of the recent legal developments pertaining to CEQA compliance and real property, parties may find themselves unable
Can CEQA Mitigation Measures Be Changed After Project Approval?
Last month, the Supreme Court, in the case Sierra Club v. County of Fresno (2018) 6 Cal. 5th 502, clarified that an Environmental Impact Report (EIR) prepared pursuant to the California Environmental Quality Act (CEQA) must disclose and inform the public of the human health effects associated with a project’s impacts to air quality and emissions. The
How to Ensure a PEIR Covers Your Project.
The California Department of Fish and Wildlife (CDFW) is working on a Programmatic Environmental Impact Report* (PEIR or Program EIR) for Marine Aquaculture also known as Mariculture. The PEIR is currently expected to cover culturing of shellfish and algae and finfish aquaculture on state water bottom leases issued by the California Fish and Game Commission.**THIS
Development in an Earthquake Zone Can Still Be Exempt From CEQA.
A city approved a use permit to construct three new single-family homes on steeply sloped terrain that was also in a mapped earthquake zone. In approving the project, the city relied on the “Class 3” Categorical Exemption from CEQA, which applies to “construction and location of limited numbers of new, small facilities or structures,” including “up