After a variety of setbacks, Senate leader Darrell Steinberg, D-Sacramento, is doggedly moving forward with bills to reform the California Environmental Quality Act and revive redevelopment. Both bills – SB 731 for CEQA and SB 1 for redevelopment – have cleared the Senate and are now pending in the Senate.

Almost 60% of lawsuits filed under the California Environmental Quality Act challenge environmental review projects in infill locations as opposed to greenfield locations, according to a new analysis of 95 recent cases by two lawyers at Holland & Knight.

The new analysis comes on the heels of three other recent studies concluding that CEQA actions are struck down by courts between 40-60% of the time, compared to virtually zero for NEPA.

Update: Sen. Michael Rubio and Senate Pro Tem Darrel Steinberg have announced that Senate Bill 317, which would have made major changes to the enforcement of the California Environmental Quality Act, has been killed and will not be heard by the Senate.

The premise behind the categorical exemptions in the California Environmental Quality Act for infill and single-family projects is that projects in relatively dense, established urban areas are unlikely to create major impacts. According to a recent decision, this premise has its limits.  

As does every year, 2011 included a wide range of published appeals court cases, some setting major precedents and others tinkering with the arcana of land use law. Here are some highlights from CP&DR's Legal Digest compiled over the course of the year, organized by area of law.

This compilation draws on a presentation given by CP&DR contributor and Sacramento-based land use lawyer Bill Abbott, of Abbott & Kindermann, at the UCLA Land Use Law and Planning Conference earlier this month. 

Lots going on in Sacramento these days.

Basketball fans around the country know that the NBA's Kings desperately want to flee to Anaheim. The capital's aging arena and small market won't cut it for the financially strapped owners, the Maloof brothers. The City of Sacramento has been trying to build a new arena for years -- most likely as the centerpiece of a massive redevelopment of downtown rail yards. That project appears to be falling through, so for the past few months the city, led by former NBA star-turned-mayor Kevin Johnson, has been trying to convince the team to stay. 

The clamp on local governments in California grows only tighter and tighter.

The number and detail of state mandates continues to increase. The ability to raise revenue continues to decrease. The amount of litigation never decreases. Redevelopment is in doubt. Keeping a city or county out of financial or legal trouble seems to get more difficult every year.

Those were the implicit – and sometimes explicit – messages during the UCLA Extension Land Use Law and Planning Conference in Los Angeles last Friday. As always at the conference, expert practitioners and analysts reviewed last year's lawmaking, rulemaking and courtroom activity, and speculated about the year ahead. It was difficult to detect many rays of light for cities or counties.

A National Football League team could be playing in downtown Los Angeles in less than five years.

So says Tim Leiweke, president of AEG, the development company owned by Phil Anschutz that wants to build a downtown football stadium.

An environmental impact report for a 560-housing unit specific plan in the Riverside County city of Beaumont has been upheld by the Fourth District Court of Appeal. The court approved the city's use of a baseline for examining water usage that was favorable to the developer, accepted the city's determination that loss of farmland could not be mitigated, and upheld the city's statement of overriding consideration for approving a project with significant environmental impacts.