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.

August 5, 2020

“For the Record”: Fourth District Holds CEQA’s “Mandatory” And “Broadly Inclusive” Administrative Record Statute Requires Lead Agency To Retain Documents Within Its Scope And Not Destroy Them Prior To Record Preparation

By: Arthur F. Coon

In a 77-page published opinion filed on July 30, 2020, the Fourth District Court of Appeal (Div. One) issued a writ of mandate largely overturning San Diego Superior Court rulings denying plaintiffs’ motions to compel discovery and to augment the administrative record in a CEQA case; the disputes arose from Real Party San Diego County’s ... Read More...

August 4, 2020

Court Holds That Subdivider’s Challenge to County’s Interpretation of Vesting Tentative Map Conditions of Approval May be Filed Beyond 90-Day Statute of Limitations Period

By: Bryan W. Wenter, AICP

California’s statues of limitations in land use cases are notoriously short and harsh and don’t often result in outcomes favorable to aggrieved applicants.  Exceptions such as Honchariw v. County of Stanislaus, __ Cal.App.5th __ (2020) (Case No. F077815) (i.e., Honchariw IV), are thus notable and worth remembering.

The Fifth District Court of Appeal ... Read More...

July 31, 2020

CEQA Meets RICO: Round Two

By: Arthur F. Coon

A little over a year ago, I posted about the filing of a federal RICO (the federal “Racketeer Influenced and Corrupt Organizations Act”; 18 U.S.C. § 1962 et seq.) lawsuit by developer Relevant Group, LLC and related entities (“Relevant”) alleging that defendants (Stephan “Saeed” Nourmand and Michael Nourmand and their business entities) filed and threatened ... Read More...

July 31, 2020

Court Rules in Favor of Landowner in Eminent Domain Case Where City Did Not Use Condemned Property for its Intended Public Use Within 10 Years

By: Bryan W. Wenter, AICP

Every once in a while a case comes along that calls to mind the adage that “just because you can think it doesn’t mean you should say it.”  The Second District Court of Appeal’s July 30, 2020 eminent domain decision in Rutgard v. City of Los Angeles, __ Cal.App.5th __ (2020) (Case No. B297655) ... Read More...

July 22, 2020

California Supreme Court CEQA Update: Summer 2020

By: Arthur F. Coon

With 2020 more than half gone, here’s a quick look at what’s been going on with the California Supreme Court in CEQA matters:

  • POWER Case Argued and Submitted. We can expect more guidance regarding the fine points of CEQA’s key “ministerial/discretionary” distinction from the high court soon.  On June 2, 2020, it heard virtual
... Read More...