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.

November 24, 2021

California Department of Housing and Community Development Warns San Francisco About Potential Violations of State Housing Law

By: Bryan W. Wenter, AICP

For decades developers and landowners have considered San Francisco as a City that is unfriendly to property rights.  From the City’s Hotel Conversion Ordinance, which severely restricts the conversion of hotels from residential to tourist use, to the Community Opportunity to Purchase Act, which gives non-profit organizations the right of first offer and the right...

November 8, 2021

Third District Holds CEQA Does Not Authorize “Remedy” of “Limited EIR” To Augment Deficient MND; Rather, Full EIR Must Be Prepared Where Substantial Evidence Supports Fair Argument That Any Aspect Of Project May Have Significant Environmental Effect

By: Arthur F. Coon

In a partially published opinion filed on November 3, 2021, involving the CEQA review for a bed and breakfast/commercial event project proposed on property within a Yolo County agricultural zone, the Third District Court of Appeal (in a unanimous opinion authored by Justice Robie) reaffirmed the basic CEQA principle that a “full EIR” must be...

November 4, 2021

“Let’s Not Complicate Things”: Second District Holds Trial Court Properly Exercised Its Discretion In Denying Union’s Permissive Intervention Motion In Complex Los Angeles Port CEQA Litigation

By: Arthur F. Coon

In a published opinion filed November 4, 2021, the Second Appellate District (Div. 8) affirmed the Los Angeles County Superior Court’s order denying International Longshore and Warehouse Union Locals 13, 63, and 94’s (“Union”) motion for permissive intervention in complex CEQA litigation involving the China Shipping Container Terminal (“Terminal”) in the Port of Los Angeles. ...

November 1, 2021

Fourth District Affirms Judgment Upholding CEQA Class 32 Infill Exemption For Costco Gas Station/Parking Lot Project Within Existing Shopping Center

By: Arthur F. Coon

In an opinion filed September 28, and certified for publication on October 26, 2021, the Fourth District Court of Appeal (Div. 3) affirmed a judgment denying a writ petition challenging the City of Tustin’s finding that a Costco gas station/ancillary facilities project in an existing shopping center was categorically exempt from CEQA.  Protect Tustin Ranch...

October 26, 2021

A Teaching Moment? First District Affirms CEQA Action Demurrer Order Finding Late-Joined Developers of UC Berkeley Campus Project Were Necessary, But Not Indispensable, Real Parties In Interest

By: Arthur F. Coon

In a published opinion filed October 21, 2021, the First District Court of Appeal affirmed the trial court’s order finding the real party developers of a UC Berkeley campus development project – undertaken for the University’s benefit, and in which it had a strong vested interest – were necessary parties, but were not indispensable parties...