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HTMLCalifornia Takes Significant Strides Toward Design-Build
A. Haviva Shane, Wendy Y. Wang; Best Best & Krieger LLP;
Legal Alert/Article
October 23, 2014, previously published on October 20, 2014
The adoption of Senate Bill 785 signifies strong movement toward authorizing design-build procurement in California at the state and local agency levels. SB 785, effective Jan. 1, repeals several design-build statutes previously adopted by the Legislature for the purpose of testing the...

 

HTMLAn Appeal To The City Council Fails To Wash Away All CEQA Sins. Consideration Of Historical Resources In A Negative Declaration Falls Under The Substantial Evidence Test, Not The Fair Argument Test
William W. Abbott; Abbott & Kindermann, LLP;
Legal Alert/Article
October 23, 2014, previously published on September 23, 2014
The courts have been clear: the decisionmaking body has to consider the CEQA document before taking action to granting a discretionary approval. A recent court decision examines a variation on that practice when the approving body approved the CEQA document, but lacked the authority under the local...

 

HTMLIt Says It's A "Project" EIR. You Say It Should Be A "Program" EIR. Does The Label Even Matter?
Glen C. Hansen; Abbott & Kindermann, LLP;
Legal Alert/Article
October 20, 2014, previously published on September 24, 2014
In Citizens for a Sustainable Treasure Island v. City and County of San Francisco (2014) 227 Cal.App.4th 1036, the Court of Appeal for the First Appellate District held that the environmental impact report for the comprehensive plan to redevelop Treasure Island and Yerba Buena Island in the San...

 

HTMLZoning Hearing Board Erred When It Denied Application for Natural Gas Compressor Station
Alana E. Fortna; Babst Calland;
Legal Alert/Article
October 19, 2014, previously published on October 10, 2014
On September 26, 2014, the Commonwealth Court of Pennsylvania issued an opinion in favor of MarkWest Liberty Midstream & Resources, LLC. MarkWest had purchased a 71.5 acre parcel of undeveloped land in Cecil Township, Pennsylvania, and had applied to the township’s zoning hearing board...

 

HTMLTribe’s Gamble That Casino Land Transfer Approval Not Subject to CEQA Pays Off
Whitney Hodges, John E. Ponder; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
October 16, 2014, previously published on October 2, 2014
In a recent Third District Court of Appeal published opinion, the court in Picayune Rancheria of Chukchansi Indians v. Edmund G. Brown, Jr. (3rd. Dist. 2014) strictly interpreted the California Environmental Quality Act’s definition of “public agency,” holding that it only applies...

 

HTMLLegislation Broadening Infrastructure Financing Districts Signed by Gov. Brown
Sigrid K. Asmundson, T. Brent Hawkins, Seth Merewitz, Jake Vollebregt; Best Best & Krieger LLP;
Legal Alert/Article
October 8, 2014, previously published on October 6, 2014
Four bills affecting infrastructure financing districts, a funding mechanism for infrastructure and development projects that benefit the broader community, were recently signed by Gov. Jerry Brown. IFDs, created in 1990, have garnered renewed interest after the dissolution of redevelopment in...

 

HTMLKeeping It Enforceable - The Essential Terms of a Purchase Contract
Cameron Whyte; McCarthy Tétrault LLP;
Legal Alert/Article
October 3, 2014, previously published on September 29, 2014
It is not uncommon for parties to enter into contracts for the purchase and sale of real estate that contain defects which may affect their enforceability.

 

HTMLOregon Again Delays Coastal Zone Management Act Consistency Review for Another 90 Days
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 30, 2014, previously published on September 26, 2014
The Oregon Department of Land Conservation and Development (DLCD) and Oregon LNG have entered into an agreement for a further stay until January 28, 2015, of DLCD’s decision under the Coastal Zone Management Act (CZMA) on whether Oregon LNG’s proposed LNG import and export terminal is...

 

HTMLHomeowners “Bluffed” Out Of Challenge To Coastal Permit To Rebuild Private Access Stairs
Joshua Weiss; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
September 25, 2014, previously published on September 18, 2014
The Court of Appeals for the Fourth Appellate District (Division One) has held that homeowners who accepted the benefit of a coastal development permit (“CDP”) for seawall reconstruction to protect their bluff-top homes cannot subsequently challenge the terms upon which the CDP was...

 

HTMLLevel of Detail Adequate in High Speed Rail Authority’s Program EIR for Central Valley to Bay Area Rail Corridor
Jennifer Gunsch; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
September 25, 2014, previously published on September 18, 2014
The appellate court upheld the California High-Speed Rail Authority’s Program EIR for the Central Valley to Bay Area portion of the route, concluding that (1) the Authority properly limited its environmental analysis to a program level when it deferred site-specific analysis of the vertical...

 


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