Legal Digest

Articles

Rooster Limit Is Constitutional
Rooster Limit Is Constitutional

by William Fulton on Mar 3, 2019

Monterey County, Roosters, Zoning

Seeking to crack down on cockfighting, Monterey County requires a permit to keep more than four. >>read more

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Another CEQA Exemption Upheld in Berkeley Hillsides
Another CEQA Exemption Upheld in Berkeley Hillsides

by William Fulton on Feb 26, 2019

Alquist-Priolo Act, Berkeley, CEQA

Court rules that earthquake and landslide risk areas aren't "environmental resources". >>read more

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Legal Briefs
Legal Briefs

by William Fulton on Jan 13, 2019

CEQA

Legal Briefs for January 13, 2019 >>read more

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Infill Exemption Upheld for 8-Unit Project
Infill Exemption Upheld for 8-Unit Project

by William Fulton on Jan 13, 2019

CEQA, Infill, St. Helena

St. Helena neighbors fail to stop project. >>read more

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McKinley Village Project Moves Forward
McKinley Village Project Moves Forward

by William Fulton on Jan 13, 2019

CEQA, Infill, Sacramento, Traffic

In unpublished ruling, appellate court green-lights use of LOS F for infill project in Sacramento. >>read more

 

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Yet More Detail for EIRs
Yet More Detail for EIRs

by William Fulton on Jan 8, 2019

Air Quality, California Supreme Court, CEQA, Fresno County, Friant Ranch

Cal Supremes require stronger connection between air quality and health in Friant Ranch EIR. >>read more

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You Can't Sue Over Policies They Haven't Violated Yet
You Can't Sue Over Policies They Haven't Violated Yet

by William Fulton on Dec 22, 2018

CEQA , General Plan, Plumas County, Timberlands Act

Plumas enviros may be suspicious of the county's general plan policies, but that's not enough to win. >>read more

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School Fee Study Flunks The Test
School Fee Study Flunks The Test

by William Fulton on Dec 22, 2018

Campbell, School Fees

Campbell developer gets $499,000 refund. >>read more

 

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Lay Comments on Aesthetics Trigger EIR
Lay Comments on Aesthetics Trigger EIR

by William Fulton on Dec 20, 2018

Aesthetics, CEQA, Dollar General, El Dorado County, Georgetown, Historic Preservation

In another Dollar General case, appellate court also says historic review is not a substitute for CEQA. >>read more

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When Does Guidance Become A Threshold?
When Does Guidance Become A Threshold?

by William Fulton on Oct 23, 2018

CEQA, Climate Action Plans, Greenhouse Gas Emissions, San Diego County

The Fourth District rules that San Diego County created a significance threshold for GHG emissions -- even though the threshold was supposedly a recommended method never adopted by the county. >>read more

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Kavanaugh Misses Oral Argument on Two Major Land-Use Cases
Kavanaugh Misses Oral Argument on Two Major Land-Use Cases

by William Fulton on Oct 10, 2018

Endangered Species, Takings, U.S. Supreme Court

With 4-4 ties looming, court will have to decide whether to rehear cases. >>read more

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Housing Element EIR Can Use Future Baseline
Housing Element EIR Can Use Future Baseline

by William Fulton on Sep 9, 2018

CEQA, Housing Element, San Francisco

It's a policy document that accommodates growth rather than inducing it, appellate court says. >>read more

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Hollywood Target: CEQA Inside-Out
Hollywood Target: CEQA Inside-Out

by William Fulton on Sep 4, 2018

CEQA, Hollywood, Spot Zoning

Appellate Court gives green light to complete half-built project after rejecting plaintiff's CEQA arguments. >>read more

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Temporary Zoning-GP Inconsistency Is OK, Cal Supremes Rule
Temporary Zoning-GP Inconsistency Is OK, Cal Supremes Rule

by William Fulton on Aug 26, 2018

General Plan, Morgan Hill, Referendum, Zoning

Referendum that repeals zoning ordinance cannot be knocked off the ballot of a city has the ability to quickly reconcile the inconsistency. >>read more

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