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.

March 21, 2023

Another Call for CEQA Litigation Reform?  Second District Rejects NIMBY Group’s CEQA, Coastal Act, and Land Use Challenges, Affirms Judgment Upholding Approval of Zoning-Compliant And CEQA-Exempt Eldercare Facility On Flat, Graded, Vacant One-Acre Infill Site Surrounded By Residential and Commercial Development

By: Arthur F. Coon

In a published opinion filed March 8, 2023, the Second District Court of Appeal (Division 8) affirmed the trial court’s judgment denying writ relief in a lawsuit challenging approval of a CEQA-exempt eldercare facility project in Pacific Palisades, an oceanside area of the City of Los Angeles.  Pacific Palisades Residents Association, Inc. v. City of...

March 17, 2023

Epic Battle over Lafayette Housing Project Finally Ends as California Supreme Court Refuses to Review Unanimous Court of Appeal Opinion Upholding Project Approvals

By: Bryan W. Wenter, AICP

After 12 arduous years, the 315-unit Terraces of Lafayette apartment project is finally clear to be constructed now that the California Supreme Court rejected Save Lafayette’s request for review.  The Court also rejected Save Lafayette’s request that the California Supreme Court depublish the Court of Appeal’s unanimous opinion affirming the Contra Costa Superior Court’s ruling...

March 13, 2023

Neighbor-Led Group Opposing Single-Family Home Expansion Project Failed To Exhaust Administrative Remedies By Making Sufficiently Specific Objections To City’s CEQA Class 1 Categorical Exemption Determination

By: Arthur F. Coon

In a published decision filed February 16, 2023, the Second District Court of Appeal (Division 7) affirmed a judgment denying a CEQA writ petition challenging approval of a single-family home expansion project because the petitioner group failed to exhaust administrative remedies.  Arcadians for Environmental Preservation v. City of Arcadia (Julie Wu, et al., Real Parties...

March 6, 2023

“Permanent Vacation” In Palm Springs? – Fourth District Holds CEQA’s Short 35-Day Statute of Limitations Does Not Apply Despite City’s Filing of NOE Due To Subsequent Material Change In Street Vacation Project Which Triggered Maximum 180-Day Limitations Period

By: Arthur F. Coon

In a published opinion filed on February 23, 2023, the Fourth District Court of Appeal reversed a judgment of dismissal after the sustaining of a demurrer and held that an amended writ petition challenging a city’s street closure project sufficiently stated claims against the city for Vehicle Code, local ordinance, and CEQA violations.  Committee to...

March 3, 2023

First District Reverses Judgment In Controversial “People’s Park” CEQA Case, Holds UC Regents’ Program/Project EIR For Long Range Development Plan And Site-Specific Student Housing Project At The Park Failed To Adequately Analyze Alternative Housing Sites, And Student Noise Impacts

By: Arthur F. Coon

In a published opinion filed February 24, 2023, the First District Court of Appeal (Div. 5) reversed a judgment upholding the adequacy of the EIR for the University of California, Berkeley’s long range campus development plan (“LRDP”) and a controversial housing development project at the historic People’s Park.  Make UC a Good Neighbor v. Regents...