A coastal development permit denial from the California Coastal Commission can stop a project before it starts. A permit that comes with burdensome conditions can make a project economically unworkable or change its character entirely. Either way, the Commission’s decision carries significant consequences for coastal property owners, developers, and businesses. The Coastal Commission is one… Read more »
For many California property owners and developers, the California Environmental Quality Act is the most significant legal hurdle between a project and a building permit. CEQA’s environmental review process can take months or years and expose approved projects to litigation from neighbors, advocacy groups, and project opponents who use the statute’s private right of action… Read more »
Water is not a free resource in California. The right to use it is a property right. It is governed by a complex body of law that can significantly affect what a landowner can do with their land. A ranch that depends on a creek for irrigation, a development project requiring a new well, or… Read more »
A Phase I Environmental Site Assessment is something California property owners, buyers, developers, and lenders encounter routinely in real estate transactions. Yet the legal significance of that document is frequently misunderstood. A Phase I ESA is not a clean bill of health. It is not a guarantee of no liability. And the absence of a… Read more »
Two environmental review statutes shape most significant land use and development decisions in California: the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). They operate on different legal tracks, carry different procedural requirements, and expose property owners and developers to different categories of risk. Knowing which law applies, or whether both… Read more »
In a closely watched land use case entitled Berkeley Hillside Preservation v. City of Berkeley, the California Supreme Court will soon decide whether a property owner who wishes to build a single family residence may be subject to the expensive and time consuming process of an Environmental Impact Report (EIR), even though homes have historically… Read more »
