Freight Rail Fight Could Impact Calif. High-Speed Rail Project

By Matthew Renda : courthousenews – excerpt AN FRANCISCO (CN) – An impending decision by the California Supreme Court over whether the state or federal government has jurisdiction in railway decisions could have major implications for the Golden State’s high-speed rail project. The justices heard oral argument by the North Coast Railway Authority, which argued … More Freight Rail Fight Could Impact Calif. High-Speed Rail Project

Supreme Court Grants Review in Medical Marijuana Case Presenting CEQA “Project” Definition Issues

by Arthur F. Coon : jdsupra – excerpt On January 11, 2017, the California Supreme Court by unanimous order granted review in yet another CEQA case, Union of Medical Marijuana Patients, Inc. v. City of San Diego (2016) 4 Cal.App.4th 103, Supreme Court Case No. S238563. The issues presented in plaintiff and appellant’s Petition for … More Supreme Court Grants Review in Medical Marijuana Case Presenting CEQA “Project” Definition Issues

California Supreme Court Shifts Gears on “Reverse CEQA”

by Garret Murai : jdsupra – excerpt The California Supreme Court has shifted gears on so-called “reverse CEQA” under the California Environmental Quality Act (“CEQA”). The Supreme Court, in a much-anticipated decision, in California Building Industry Association v. Bay Area Air Quality Management District, Case No. S213478 (December 17, 2015), held that public agencies subject to … More California Supreme Court Shifts Gears on “Reverse CEQA”

California Supreme Court Rejects Mandatory “Reverse CEQA” Analysis

By Heather S. Riley : allenmatkins – excerpt The California Supreme Court issued its long awaited opinion yesterday in California Building Industry Association v. Bay Area Air Quality Management District (CBIA v. BAAQMD), commonly referred to as the “Reverse CEQA” case. Read the full decision. The Supreme Court’s opinion upholds four published CEQA decisions and … More California Supreme Court Rejects Mandatory “Reverse CEQA” Analysis

United States: State Agencies Can’t Say CEQA Mitigation Is Infeasible If Earmarked Funds Are Unavailable, High Court Says

by Kenneth Kecskes : realestatecounsel – excerpt When environmental review of a proposed development project by a state agency shows that it will have traffic impacts, a state agency is not allowed to nevertheless approve the project on the grounds that the funds needed to mitigate congestion have not been earmarked by the Legislature, the California … More United States: State Agencies Can’t Say CEQA Mitigation Is Infeasible If Earmarked Funds Are Unavailable, High Court Says

8 Washington Backers Appeal One Decision Today, But Won’t Argue Another

hoodline – excerpt BIG WIN FOR THE CITIZENS OF SAN FRANCISCO! In news for watchers of the 8 Washington saga, the proposed condo development’s backers have decided not to appeal a recent big decision against them. Read on for the nitty-gritty in the latest installment of the contentious battle over Seawall Lot 351’s future. Susan Brandt-Hawley, the attorney representing … More 8 Washington Backers Appeal One Decision Today, But Won’t Argue Another

Court: Cities can force developers to include affordable housing

By Stephen Frank : capoliticalreview – excerpt Central Valley Business Times Supreme Court upholds San Jose ordinance Could impact nearly 200 California cities immediately Housing developers can be required by cities to include a percentage of their homes for low- or moderate-income buyers, the California Supreme Court says. The ruling upholds a Court of Appeal … More Court: Cities can force developers to include affordable housing