Thursday, April 13, 2017

Cleveland National Forest v. SANDAG finally set for oral argument May 4 at Cal Supreme Court

Oral arguments in Cleveland National Forest v. San Diego Association of Governments have finally been set for May 4 at the California Supreme Court, and will be broadcast live on the court's website.  

This case has dragged out for years, but it may be the most important land use case out there.  The details are complicated, but the gist of the case is that a California law, SB375, required California's regional governmental agencies to integrate local land use decisions with transportation planning.  The hitch with SB375 was that it did not have any enforcement mechanism.  However, this case is really about whether the state's environmental review law, the California Environmental Quality Act, can be that enforcement mechanism.  If the court holds that CEQA can serve as the enforcement for SB375, then California may well become the first state where local governments have to integrate transportation planning with land use planning.  

That's the fly-over version; digging deeper requires tolerance for a lot of acronyms and a fair amount of procedure.  If you're ready, here is a link to the case file:

CLEVELAND NATIONAL FOREST FOUNDATION v. SAN DIEGO ASSOCIATION OF GOVERNMENTS (PEOPLE) Case: S223603, Supreme Court of California

To be argued on Thursday, May 4, 2017, at 9:00 a.m., in San Francisco.

For more information on this case, go to: http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=0&doc_id=2096944&doc_no=S223603

The webcast link will be posted here the day of the hearing:  http://newsroom.courts.ca.gov/calendar/supreme-court-oral-argument-5888192-6025243

http://lawprofessors.typepad.com/land_use/2017/04/cleveland-national-forest-v-sandag-finally-set-for-oral-argument-may-4-at-cal-supreme-court.html

| Permalink

Comments