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.

June 6, 2019

Supreme Court Hears Oral Argument In CEQA Project Definition Case

By: Arthur F. Coon

The California Supreme Court heard oral arguments in an important case we’ve been following involving CEQA’s definition of a “project” on the afternoon of June 4, 2019, and took the matter under submission.  The case – Union of Medical Marijuana Patients v. City of San Diego (California Coastal Commission, Real Party in Interest), No. ...

May 21, 2019

Supreme Court Schedules Argument In CEQA Project Definition Case

By: Arthur F. Coon

On May 15, 2019, the California Supreme Court announced it would hear oral argument in Union of Medical Marijuana Patients v. City of San Diego (California Coastal Commission), Case No. S238563, on June 4, 2019, at 2:00 p.m. in its Los Angeles courtroom.  This is a long-awaited development as review was unanimously granted ...

May 20, 2019

Court of Appeal Establishes Bright Line Rule That Pre-Application Inquiries and Meetings With City Staff Is Not “Current and Immediate Threat” for Valid Moratorium Ordinance

By: Bryan W. Wenter, AICP

California law contains several critical limitations on the exercise of the police power conferred in Article XI, Section 7 of the state constitution.  As set forth in Government Code section 65858, the moratorium statute allows cities and counties to adopt 45-day “interim ordinances” to prohibit land uses that may conflict with a contemplated general plan ...

May 14, 2019

Spring CEQA Notes – May 2019

By: Arthur F. Coon

Save Lafayette Trees Litigation Update:  The Beat Goes On

We last posted on this decision (currently published as Save Lafayette Trees v. City of Lafayette (Pacific Gas and Electric Company, Real Party in Interest) (1st Dist. 2019) 32 Cal.App.5th 148) and its significant CEQA/Planning and Zoning Law statute of limitations holdings in my February ...

May 13, 2019

Ninth Circuit: “Access Regulation” Allowing Union Organizing Activities on Employers’ Private Property is Not a Fifth Amendment Taking

By: Bryan W. Wenter, AICP

On May 8, 2019, in Cedar Point Nursery v. Shiroma, __ F.3d __ (Case No. 16-16321) (2019), a 2-1 Ninth Circuit panel majority held that a California regulation allowing union organizers access to agricultural employees on employers’ private property, to communicate about union organization under certain limited circumstances, is not a Fifth Amendment taking....