The California Land Use & Development Law Report
Legal Commentary on Planning and Development
We’ve posted articles to our California Land Use & Development Law Report on developments that we think will be of interest to you. Our report publishes articles on recent legal and policy developments in the field of land use, environmental impact review, and permitting, and presents an easy way to keep current. You can choose to subscribe so that you don’t miss a single article.
CEQA Requires An Analysis Of The Project’s Impacts On The Environment, Not The Environment’s Impacts On The Project
CEQA generally does not require that public agencies analyze the impact existing environmental conditions might have on a project’s future users or residents, according to the California Supreme Court’s decision in California Building Industry Association v Bay Area Air Quality Management District (S213478, December 17, 2015). An agency must analyze how existing environmental conditions might adversely affect a project’s residents or users only where the project itself might worsen existing environmental hazards, or if one of the provisions of CEQA which require such an analysis for certain airport, school, and housing projects applies.
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Court Rebuffs CEQA Challenge to Subway Tunnel Under Beverly Hills High
Beverly Hills and its school district have failed to persuade the court of appeal to block construction of a subway line beneath Beverly Hills High School. Beverly Hills Unified School District v. Los Angeles County Metropolitan Transportation Authority, 241 Cal. App. 4th 627 (2015). The court upheld the CEQA analysis for the project against claims that significant new information had been disclosed relating to the viability of alternatives, and that localized air pollution and public health impacts had not been adequately studied.
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Recent Posts:
Complex New Requirements for CEQA Analysis of Greenhouse Gas Emissions Set by Supreme Court
OPR Issues Discussion Draft of Proposed Changes to Appendix G of the CEQA Guidelines to Incorporate Tribal Cultural Resources
Historical Level Of Use May Serve As CEQA Baseline For Replacement Of Vacant Building
