California Court of Appeal Partially Upholds Air Quality Thresholds of Significance Following State Supreme Court Decision

By Latham & Watkins LLP on August 26, 2016 Posted in Environmental and approvals

By Marc Campopiano, Lucas I. Quass and Samantha Seikkula In a published decision, following the Supreme Court’s decision in California Building Industry Association v. Bay Area Air Quality Management District (2015) 62 Cal.4th 369, the First District Court of Appeal upheld California Environmental Quality Act (CEQA) thresholds of significance adopted by the Bay Area Air … Continue Reading

California Supreme Court Hears Oral Argument in Case Challenging 2010 Bay Area Air Quality Management District Air Quality Thresholds

By Latham & Watkins LLP on October 14, 2015 Posted in Environmental and approvals, Permitting

By Chris Garrett, Shivaun Cooney and Shannon Lankenau On October 7, 2015, the California Supreme Court heard oral argument in California Building Industry Association v. Bay Area Air Quality Management District (Supreme Court Case No. S213478), a case which calls into question the “continued vitality” of a line of appellate cases holding that the “reverse … Continue Reading

California Supreme Court Upholds City of San Jose Inclusionary Housing Set-Aside Ordinance

By Latham & Watkins LLP on June 15, 2015 Posted in Finance and project development

By Chris Garrett, Cindy Starrett and John Morris Today, the California Supreme Court unanimously upheld the City of San Jose’s Inclusionary Housing Ordinance, rejecting a facial constitutional challenge brought in California Building Industry Association (CBIA) v. City of San Jose (Affordable Housing Network of Santa Clara County et al.), S212072. The Court determined that, contrary to … Continue Reading