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California Land Use & Development Law Report Legal Commentary on Planning and Development

Monthly Archives: May 2012

No Right to Appeal LEA’s Certification of EIR for Solid Waste Facilities Permit to Board of Supervisors

Posted in CEQA, Environmental Regulation

In No Wetlands Landfill Expansion v. County of Marin the First District Court of Appeal held that community organizations had no right to have the county’s board of supervisors hear an appeal of an EIR certification determination by the county’s solid waste management agency. The decision addresses the interplay between the CEQA and the Integrated… Continue Reading

Decision Exempting Modification of Judgment Imposing a Physical Solution to Water Rights Issues is Reinstated by California Supreme Court

Posted in Land Use

As a result of a protracted adjudication over overdrafting of the 100,000-acre Los Angeles County West Coast Groundwater Basin, a stipulated judgment imposing a “physical solution” to reduce depletion of groundwater resources has regulated Basin water production and allocations since 1961.  The judgment does not, however, contain provisions governing water storage, so in 2009 Golden… Continue Reading

Agreements Tolling CEQA Statute of Limitations Upheld

Posted in CEQA

Agreements to toll the statute of limitations for filing suit are generally favored under the law because they enable parties to negotiate and resolve issues without the distraction of litigation.  But in land use and CEQA cases, there are countervailing public policy reasons favoring prompt filing and disposition of such matters. The tension between those… Continue Reading