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Jun. 14, 2011

When An Agency’s Agreement With a Developer Requires Environmental Review Under CEQA

Agreement for new San Francisco 49ers stadium is a good example of how not to trigger environmental review. By Aaron M. Cohn, Jennifer Hernandez and Michelle L. Moore of Holland & Knight

Jennifer L. Hernandez

Partner
Holland & Knight LLP

Email: Jennifer.Hernandez@hklaw.com

Stanford Univ Law School; Stanford CA

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By Jennifer Hernandez, Aaron M. Cohn and Michelle L. Moore


Does an agency's agreement with a developer establishing detailed terms for a proposed development require environmental review under the California Environmental Quality Act (CEQA)? Not necessarily, according to a recent decision by a state appellate court.


In Cedar Fair L.P. v. City of Santa Clara et al., 2011 DJDAR 6048 (Mar. 28 2011), the 6th District Court of Appeal held that ad...

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