Good News For Calif. Developers

Law360, New York (August 9, 2011, 1:01 PM EDT) -- An increasingly common tactic among opponents of development projects is to demand that the applicant adopt a long, typically boilerplate, list of measures to mitigate the projects’ contributions of greenhouse gases. Then in court, they argue that under the California Environmental Quality Act (“CEQA”) the city or county must either adopt those measures or prove that each and every one of them is infeasible. On July 26, 2011, a California court of appeal published an opinion rejecting this tactic.

The case is noteworthy in a few...
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