Barbara J. Schussman

Court Holds EIR's Analysis of Energy Impacts Adequate under CEQA and Upholds City's Finding That Traffic Mitigation outside City Boundaries Would be Infeasible
Barbara J. Schussman, Marie A. Cooper, Nadia L. Costa, October 26, 2009
For the first time, a court has addressed the question whether an EIR's evaluation of energy impacts is sufficient under CEQA. Further, the court upheld a city's determination that payment of fees for traffic improvements on county land, outside city limits, would not constitute feasible mitigation...

Agency May Determine CEQA Alternatives to be Infeasible for Failure to Satisfy Policy Objectives
Stephen L. Kostka, Barbara J. Schussman, Jessica Eileen Tucker-Mohl, September 28, 2009
A public agency's discretion to find project alternatives infeasible based on the incompatibility of the alternatives with either the agency's policy considerations or the objectives of the project, has been enhanced considerably through a recent published appellate court opinion. California Native...

Court Upholds Initiative That Promotes Development
Barbara J. Schussman, Stephen L. Kostka, Marie A. Cooper, August 18, 2009
Many development opponents have long claimed that the initiative power can be used to prevent growth, but that any initiative proposed to allow a particular development project would be too detailed to be considered truly legislative. The court of appeal has put that claim to rest, upholding a...