Real Estate & Construction

A Summary of Published Appellate Opinions Under the California Environmental Quality Act
Introduction
The courts issued relatively few published CEQA decisions in 2021, with no California Supreme Court activity and no blockbuster court of appeal opinions. But two cases addressed topics of great current interest: wildfire and climate change impacts. One court also settled an important question under CEQA’s frequently

The court of appeal found that the California Coastal Commission erred by approving a coastal development permit for a residential development before environmental review for the project had been completed. Friends, Artists and Neighbors of Elkhorn Slough v. California Coastal Commission, 2021 WL 5905714 (No. H048088, 6th Dist., December 14, 2021).

The Commission’s staff report recommended that the permit be

Over a quarter century of CEQA litigation over the validity of an agreement between the Department of Water Resources and State Water Project contractors finally came to an end with the court of appeal’s decision in Central Delta Water Agency v. Department of Water Resources, 69 Cal. App. 5th 170 (2021), and the California Supreme Court’s denial of a petition for

In the world of partition actions in California, lawyers have misunderstood the California Court of Appeal opinion in Summers v. Superior Court (2018) 24 Cal. App. 5th 138 as meaning that the interests of parties in the proceeds of sale must be determined before the court can enter an interlocutory judgment for partition by sale. In reality, Summers v. Superior

Inheriting a Home with Siblings
It is extremely common for family members to pass down real estate to younger generations. Parents, grandparents, aunts, uncles, and other family members may choose to leave their valuable real estate assets to family members they know and love. Commonly, siblings inherit a home together from a deceased parent. But just because siblings are now

A trial court could not order a remedy that required preparation of an environmental impact report limited to the potentially significant impacts that led to invalidation of the project’s negative declaration — once the trial court found substantial evidence supported a fair argument that the project may have one significant environmental impact, it had no option but to require preparation