A State Lands Commission policy prohibiting development seaward of the most landward historical position of the mean high tide line was an invalid underground regulation because it was not promulgated as a regulation pursuant to the Administrative Procedures Act, the Third District Court of Appeal has ruled.
A program intended to preserve farmland, adopted pursuant to the county's general plan, has been upheld as reasonably related to adverse impacts of residential development on agricultural land by the Fifth District Court of Appeal. In addition, the unanimous three-judge appellate panel ruled the program is not in conflict with a state law prohibiting a local agency from conditioning the issuance of land use approvals on the granting of conservation easements.
A City of Los Angeles ban on certain outdoor advertisements has been upheld by the Ninth U.S. Circuit Court of Appeals. In World Wide Rush, LLC, v. City of Los Angeles the unanimous three-judge appellate panel overturned a lower court ruling in favor of companies seeking to prevent the enforcement of the signage ban.
In supporting the City of Stockton's refusal to accept a lawsuit filed by a citizens group against a proposed big-box store, the California Supreme Court has, for the second time in two months, made clear that if a public agency provides notice of a California Environmental Quality Act decision, legal challenges to that decision may be barred by the shortest statute of limitations, among several that the CEQA statute provides for, applies to legal challenges regardless of the context of the challenge.
The California Supreme Court has ruled that a project's air impacts are to be measured against existing ambient conditions, not against a permitted level of operations for the emitter.
Upholding a 27-year-old California Supreme Court determination, the Second District Court of Appeal has ruled that local agencies may impose a fee for the filing of an administrative appeal of a California Environmental Quality Act (CEQA) decision.
The filing of a notice of determination triggers a 30-day statute of limitations for all California Environmental Quality Act (CEQA) challenges to any decision announced in the notice, regardless of the nature of the alleged CEQA violation, the state Supreme Court has ruled.
In a decision filed on February 11, 2010, in Committee for Green Foothills v. Santa Clara County Board of Supervisors, the unanimous Supreme Court reversed the Sixth District Court of Appeal, which had ruled that a 180-day statute of limitations applied in the case.
