California County Can’t Use Growth Control Initiative to Bar Previously-Approved Project

California County Can’t Use Growth Control Initiative to Bar Previously-Approved Project

It takes an unusual set of circumstances for a California appellate court to find a regulatory taking based on denial of a discretionary land use entitlement.  But those circumstances existed in a recent case in which the court not only found a taking, but upheld an award of attorney’s fees to the developer for both the inverse condemnation and related civil rights claims. 

California Appeals Court: Air Resources Board Low Carbon Fuel Standards Regulations Violate CEQA

In Poet, LLC et al. v. California Air Resources Board et al., the Fifth Appellate District held the Air Resources Board (“ARB”) violated CEQA and the APA with its approval of the Low Carbon Fuel Standards (“LCFS”) regulations, and ordered the lower court to issue a peremptory writ of mandate, requiring ARB to take certain CEQA-related actions in any re-approval of the regulations. In doing so, however, the Court concluded that the LCFS regulations could remain in effect while ARB took the actions necessary to

California Appellate Court Issues Significant Opinion Regarding CEQA Administrative Records and the Common Interest Doctrine

In Citizens for Ceres v. The Superior Court of Stanislaus County, City of Ceres, et al., (filed and published in part by the Fifth Appellate District on July 8, 2013), the petitioner in a CEQA lawsuit sought relief from the appellate court ordering the trial court to require production of thousands of pages of documents that the City refused to add to the administrative record.