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News and Articles

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May 9, 2013

Efforts to Modernize CEQA Advance with Proposed Amendments to Senate Bill 731

Efforts to Modernize CEQA Advance with Proposed Amendments to Senate Bill 731 By Andrea A. Matarazzo Senate President Pro Tem, Darrell Steinberg, recently proposed amendments to SB 731, keeping alive hope that efforts to reform CEQA will make some meaningful progress in the Legislature this year.  One important highlight is that the bill would strike […]

March 5, 2013

CEQA Streamlining for Urban Infill – OPR’s New CEQA Guidelines Take Effect

CEQA Streamlining for Urban Infill – OPR’s New CEQA Guidelines Take Effect By Andrea A. Matarazzo The Governor’s Office of Planning & Research (“OPR”) has finalized its “Infill Streamlining” updates to the CEQA Guidelines, which OPR developed pursuant to SB 226 (Simitian, 2011) and are now in effect. The goal of SB 226 was to […]

September 6, 2012

SB 189 Substantially Revamps California’s Mechanics’ Lien Law Effective July 1, 2012.

By Jeffrey L. Anderson California’s laws regarding mechanics’ liens, stop notices and payment bonds have been substantially modified and revised pursuant to Senate Bill No. 189 (“SB 189”).  Although some provisions of SB 189 went into effect earlier this year, the majority of the changes and the most significant changes became effective on July 1, […]

August 31, 2012

An agency’s annual implementation of statutory criteria is not a “major federal action” or “agency action” pursuant to NEPA or the ESA.

Grand Canyon Trust v. United States Bureau of Reclamation ___ F.3d ___ (2012) [United States Court of Appeals, Ninth District District Court of Appeal No. 11-16326, filed Aug. 13, 2012] By Jeffrey K. Dorso, Esq. The Grand Canyon Trust (“Trust”) filed suit in federal court in the District of Arizona alleging that the United States […]

August 24, 2012

Urban Land Institute Sacramento California Redeveloping the Railyards to Strengthen the Urban Core

At the August Sacramento City Council meeting, Fran Halbakken, City Railyard Development Manager, presented highlights from the final report, “Redeveloping the Railyards to Strengthen the Urban Core,” published by the Urban Land Institute’s Daniel Rose Fellowship Program. Sacramento was selected as one of four cities in the country to take part in this year-long program […]

August 23, 2012

A CEQA Litigant’s Non-Pecuniary Personal Interests Are Not Relevant in Evaluating the “Financial Burden” Element of Fee Awards Under Code of Civil Procedure Section 1021.5.

City of Maywood v. Los Angeles Unified School District [Second District Court of Appeal Nos. B233739, B236408, filed 7/18/12] By Andrea A. Matarazzo The City of Maywood filed a petition for writ of mandate seeking to overturn a decision by the Los Angeles Unified School District (“LAUSD”) to certify a final environmental impact report (“FEIR”) […]

Forest Service’s EIS for Experimental Forest Thinning, Fuels Reduction, and Research Project Satisfied NEPA.

League of Wilderness Defenders – Blue Mountains Biodiversity Project v. United States Forest Service [Ninth Circuit Court of Appeals No. 11-35451, filed 7/30/12] By Andrea A. Matarazzo The U.S. Forest Service adopted an “Experimental Forest Thinning, Fuels Reduction, and Research Project” in the Deschutes National Forest in the eastern Cascades of central Oregon.  The project […]

July 18, 2012

2012 Mid-Year CEQA Review

Flanders Foundation v.
City of Carmel-By-the Sea
Overview:
Petition for writ of mandate challenged city’s certification of Final EIR for sale of city-owned property – a large
historic residence on a parcel surrounded by a city-owned park.

July 3, 2012

Legislature Cannot Require Charter Cities to Pay Prevailing Wages to Contractors on Public Works Projects

Legislature Cannot Require Charter Cities to Pay Prevailing Wages to Contractors on Public Works Projects State Building and Construction Trades Council of California AFL-CIO v. City of Vista [California Supreme Court No. S173586, filed 7/2/12] By Andrea A. Matarazzo The City of Vista – a charter city – entered contracts for construction of public buildings, […]

County’s Comprehensive Ban on Medical Marijuana Dispensaries Is Preempted by State Law

County’s Comprehensive Ban on Medical Marijuana Dispensaries Is Preempted by State Law County of Los Angeles v. Alternative Medicinal Cannabis Collective [Second District Court of Appeal No. B233419, filed 7/2/12] By Andrea A. Matarazzo The Alternative Medicinal Cannabis Collective (“Collective”) appealed a trial court order granting an injunction prohibiting them from operating a medical marijuana […]

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