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The California Land Use & Development Law Report
Legal Commentary on Planning and Development

We’ve posted articles to our California Land Use & Development Law Report on a development that we think will be of interest to you. Our report publishes articles on recent legal and policy developments in the field of land use, environmental impact review, and permitting, and presents an easy way to keep current. You can choose to subscribe so that you don’t miss a single article.

EIR Recirculation Not Required Where Final Version of Approved Project Was Not Specifically Evaluated in EIR

The Second District Court of Appeal held that: (1) despite revisions to a mixed-use development project, the project description in the EIR was “accurate, stable, and finite;” (2) an opportunity for public comment on the finally approved project was not required under CEQA; and (3) because the revised project was not significantly different from alternatives... Continue Reading…



Ninth Circuit Holds Terms of Management Agency Agreement Governing Non-Point Source Pollution on Federal Lands Supersedes Other State Law Requirements

Forest Service livestock grazing permits do not run afoul of state water quality permitting requirements because the Management Agency Agreement (MAA) between the agency and the State Water Resources Control Board, which governs non-point source pollution control measures for the area, controls and expressly waives such requirements. Central Sierra Environmental Resource Center v. Stanislaus National... Continue Reading…



County Did Not Violate Its Duties Under CEQA By Approving a Project at the Density Agreed to in a Stipulated Judgment

The court held that the County of Marin did not abdicate its duties under CEQA when it approved a specific project pursuant to a stipulated judgment. Tiburon Open Space Committee v. County of Marin, 78 Cal. App. 5th 700 (2022). The dispute in this case surrounded the potential development of a 110-acre parcel on an... Continue Reading…



Recent Articles:
CEQA Challenge to Campus Town Project in Monterey County Was Untimely
EIR’s Statement of Project Objectives Was Unduly Narrow
Ban on Short-Term Rentals Required Coastal Commission Approval
Order Denying Writ of Administrative Mandamus is a Final, Appealable Judgment
Suit Challenging City’s Interpretation of 20-Year-Old Affordable Housing Agreement Was Timely
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