Blogs

CEQA Developments

Miller Starr Regalia has been at the forefront of recent developments in cutting edge fields such as air quality and climate change-related laws, and its attorneys are established experts in environmental impact review of projects under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). Miller Starr Regalia’s first blog, CEQA Developments, was created to highlight the firm’s expertise in the area of CEQA law.

Land Use Developments

Miller Starr Regalia’s Land Use Practice Group has broad and deep experience obtaining and defending approvals required to successfully develop real property throughout California. The firm’s Land Use Developments blog was created to provide practical information, judicial, legislative, and regulatory updates, tips, and guidelines on cutting edge issues to those in the land use industry, including property owners, developers, public agencies, and technical consultants.

February 23, 2021

Supreme Court Again Declines to Hear Major Property Rights Case, Leaving in Place Hopelessly Muddled Takings Doctrine

By: Bryan W. Wenter, AICP

As former U.S. Supreme Court Justice John Paul Stevens famously explained, more than 30 years ago, about the Supreme Court’s takings cases:

“Even the wisest of lawyers would have to acknowledge great uncertainty about the scope of this Court’s takings jurisprudence.”

Nollan v. California Coastal Comm’n, 483 U.S. 825, 866 (1987) (dissenting opinion).

The ... Read More...

January 28, 2021

Landowner’s Efforts to Void and Redraw Subdivision Map Fails Under Laches Doctrine

By: Bryan W. Wenter, AICP

The often invoked but rarely successful laches doctrine is an equitable defense when a party unreasonably delays enforcing a right and when granting the relief sought would prejudice the adverse party.  A petition for “exclusion” is an equitable process under California’s Subdivision Map Act, to compel a local agency to redraw or discard a recorded ... Read More...

January 18, 2021

2020: A Look Back at the Year’s CEQA Case Law

By: Arthur F. Coon

While the COVID-19 pandemic made 2020 a year most would prefer to keep in the rear view mirror, the courts kept fairly busy handing down precedents that hopefully provided us all with a better road map for navigating CEQA.  What follows is not a comprehensive review, but more of a brief trip down memory lane ... Read More...

January 11, 2021

Proposed California Budget Would Create Housing Accountability Unit and Add New Targeted CEQA Exemptions Focused on Housing

By: Bryan W. Wenter, AICP

On January 8, 2021 California Governor Gavin Newsom proposed an expansive state budget that includes $1.75 billion to purchase additional motels, develop short-term community mental health facilities, and purchase and preserve housing dedicated to seniors, $500 million in low income housing tax credits, and $250 million for infill infrastructure intended to facilitate housing.

The budget ... Read More...

January 6, 2021

Can a Responsible Agency Get A Second Bite At The CEQA Apple? First District Says “Sometimes, Yes,” Upholds Regional Water Board’s Imposition of Additional Mitigation On Flood Control Project Through “Independent” Porter-Cologne Act Authority Exercised Subsequent To Grant Of CWA § 401 Water Quality Certification Based On Lead Agency’s Unchallenged Final EIR

By: Arthur F. Coon

In a published opinion filed December 29, 2020, the First District Court of Appeal affirmed a judgment denying a petition for writ of mandate filed by the Santa Clara Valley Water District (District) challenging waste discharge requirements (WDRs) belatedly imposed by a responsible agency, the San Francisco Bay Regional Water Quality Control Board (Board), on ... Read More...