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.

May 22, 2020

Sixth District Holds City Of San Jose’s Action In Seeking And Accepting Streambed Alteration Agreement From California Department Of Fish And Wildlife Is Not New Discretionary Approval For City’s Historic Trestle Demolition/Bridge Construction Project, And Thus Does Not Trigger Subsequent CEQA Review

By: Arthur F. Coon

In a published opinion filed May 18, 2020, the Sixth District Court of Appeal affirmed the trial court’s denial of a historic preservation group’s writ petition that challenged the City of San Jose’s (City) entry into a Streambed Alteration Agreement (SAA) with the California Department of Fish and Wildlife (CDFW), which agreement was needed to ... Read More...

April 21, 2020

Back To CEQA Basics: Second District Teaches That CEQA Requires Judicial Deference To Lead Agency’s Chosen Baseline, Failure To Administratively Exhaust “Exact Issue” Results In Forfeiture, And An EIR Is Not Faulty For Omitting Immaterial Information

By: Arthur F. Coon

In a published 2-1 majority opinion filed April 7, 2020, written by Justice Wiley and joined by Presiding Justice Bigelow, the Second District Court of Appeal (Div. 8) affirmed a judgment upholding the EIR for Tesoro’s “Los Angeles Refinery Integration and Compliance Project.”  Communities for a Better Environment v. South Coast Air Quality Management District ... Read More...

April 20, 2020

California Supreme Court Grants Review of Third District Decision Involving FERC Relicensing of State’s Oroville Hydroelectric Dam Project To Decide Extent To Which Federal Power Act Preempts CEQA; Merits Briefing Underway

By: Arthur F. Coon

On December 11, 2019, the California Supreme Court by a 7-0 vote granted the petition for review of Butte and Plumas Counties and the Plumas County Flood Control and Water Conservation District in County of Butte v. Department of Water Resources (State Water Contractors), Case No. S258574 (formerly published at (3d Dist. 2019) 39 Cal.App.5th ... Read More...

April 19, 2020

Alameda County Public Health Department Pulls Rank on Oakland, Highlights Arbitrary Treatment of Construction Under Shelter-in-Place Orders

By: Bryan W. Wenter, AICP

On April 14, 2020, the Alameda County Public Health Department issued a letter to the Oakland Planning & Building Department criticizing the City’s interpretation of the County’s March 31 “shelter-in-place” order.  Like the orders in the other Bay area counties, the stated intent of Alameda’s shelter-in-place order is to have people shelter in their ... Read More...