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Author: Reed Hopper From the Real Estate, Land Use and Environmental Law Blog, we have the following update: "On December 29, 2009, the California Natural Resources Agency ('Resources Agency') adopted amendments to the guidelines implementing the California Environmental Quality Act ('CEQA').  The amendments were filed wi ...

PLF regularly highlights how law is abused for anti-competitive purposes or how  environmental laws can be stretched beyond reason and without proper respect for property rights.  While we normally discuss these issues separately, they can cross paths.  Recently, these problems met at the intersection of 33rd and McKee in San Jose, CA. The Orovi ...

We previously reported on the decision from California’s Fifth Appellate District in the case of Tuolumne Jobs, holding that CEQA applies to local voter initiatives under certain circumstances.  Earlier this month, the real parties in interest in the case, James Grinnell, Wal-Mart Stores, and the City of Sonora, filed petitions for review ...

We have previously reported on the Tuolumne Jobs case, an important appellate decision expanding CEQA and diminishing California voters’ constitutional right of initiative.  The Tuolumne Jobs decision broke with precedent and held that a city counsel was required to prepare an environmental impact report under CEQA before it could adopt an o ...

Property Rights — United States Supreme Court We had our argument in the United States Supreme Court on Tuesday in Koontz v. St. Johns Water Management District.  You can read the transcript here and listen to an audio of the argument here.  As you will see, this was a very “hot” bench, with the justices … ...

Yesterday the California Supreme Court granted review of Tuolumne Jobs & Small Business Alliance v. Superior Court (Wal-Mart Stores). This is an excellent development, which PLF has supported. Readers will recall that Tuolumne Jobs held that a city council has to complete an EIR under CEQA in order to adopt an ordinance that is presented ̷ ...

Property Rights — Pretextual eminent domain Somebody at the Supreme Court is interested in what’s been going on in Guam — or at least the blatant pretextual taking of our client’s property in Ilagen v. Ungacta, a case described in Robert Thomas’s excellent blog on inverse condemnation.  In this case, the City of Agana ...

Previously, we recounted the abusive use of CEQA by a gas station owner to protect himself from a competing station.  Amir Shirazi, the owner of Moe’s, wanted to install additional pumps at his existing station.  The city of San Jose found that the additional pumps would have no significant effects on the environment.  The owner … ...

According to the LA Times, opposition to CEQA reform is spearheaded by an alliance of environmentalists and labor unions. At first blush, this seems an odd pairing. CEQA is an obstacle to development across the state. It delays some projects, and prevents other entirely. CEQA is intended to protect the environment. But the result is … ...