Search
 

A Look at CEQA Exemption Test in Berkeley Hillside

BERKELEY, CA—Developers and agencies seeking to expedite project reviews under the California Environmental Quality Act often chafe under its unique “fair argument” standard of judicial review, say sources in this EXCLUSIVE column.

By Natalie Dolce | Updated on March 11, 2015

BERKELEY, CA—Developers and agencies seeking to expedite project reviews under the California Environmental Quality Act often chafe under its unique “fair argument” standard of judicial review, which sets a very low bar for challenges to short-form environmental documents. So says Norman Carlin and Emily Burkett of Pillsbury Winthrop Shaw Pittman LLP in the below column. According to the San Francisco-based experts, “Rejecting attempts by lower courts to extend the fair argument standard, in Berkeley Hillside Preservation v. City of Berkeley, the California Supreme Court held that traditional, agency-deferential review applies when determining whether ‘unusual circumstances’ exist which may preclude reliance on a CEQA exemption.”

The below column details this issue and the views expressed in the column are the author’s own.

Want to continue reading?
Become a Free ALM Digital Reader.

Once you are an ALM digital member, you’ll receive:

  • Unlimited access to GlobeSt and other free ALM publications
  • Access to 15 years of GlobeSt archives
  • Your choice of GlobeSt digital newsletters and over 70 others from popular sister publications
  • 1 free article* every 30 days across the ALM subscription network
  • Exclusive discounts on ALM events and publications

*May exclude premium content
Already have an account?

NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

GlobeSt

Join GlobeSt

Don't miss crucial news and insights you need to make informed commercial real estate decisions. Join GlobeSt.com now!

  • Free unlimited access to GlobeSt.com's trusted and independent team of experts who provide commercial real estate owners, investors, developers, brokers and finance professionals with comprehensive coverage, analysis and best practices necessary to innovate and build business.
  • Exclusive discounts on ALM and GlobeSt events.
  • Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com.

Already have an account? Sign In Now
Join GlobeSt

Copyright © 2024 ALM Global, LLC. All Rights Reserved.