At RMM, our attorneys work across practice areas, bringing broad experience and a collaborative approach to every matter.
RMM attorneys advise public agencies and private clients on all aspects of the California Environmental Quality Act (CEQA). We help guide projects through environmental review, from early strategy and document preparation to responding to comments and securing project approvals. Our attorneys also have extensive experience defending CEQA approvals in court, helping clients manage risk and keep important projects moving forward.
What is CEQA, and when does it apply to a project?
CEQA requires state and local agencies to evaluate the potential environmental impacts of discretionary projects they approve or carry out. Depending on the project and its potential impacts, this review may involve a negative declaration or an environmental impact report (EIR).
Are there ways for projects to qualify for a CEQA exemption?
Yes. CEQA provides for both statutory and categorical exemptions. Identifying the appropriate exemption early in the process can significantly streamline approvals. Our attorneys regularly help clients evaluate whether a project qualifies for an exemption and develop strategies to support its use.
What happens if a project approval is challenged under CEQA?
CEQA lawsuits are filed as writ petitions in state courts and focus on the adequacy of the environmental review based on an administrative record. Our attorneys represent agencies and project applicants in defending approvals and navigating CEQA litigation.
RMM attorneys advise clients on land use planning, zoning, and project entitlements throughout California. Our attorneys are involved with general plan amendments, zoning amendments, specific plans, development agreements, conditional use permits, and subdivision approvals. We work closely with public agencies and project applicants to navigate local regulations and guide projects from concept through approval.
What approvals are typically required for new development projects?
Many projects require local land use approvals, such as general plan amendments, zoning amendments, conditional use permits, subdivision maps, or development agreements. The specific approvals depend on the project’s location, zoning designation, and proposed uses. RMM attorneys assist clients with land use due diligence to identify applicable regulations and map potential entitlement pathways, helping project teams understand the approvals that may be required before moving forward.
How long does the entitlement process take?
Timing varies depending on the complexity of the project and the level of environmental review required. Some projects may move through the process in a few months, while others involving general plan amendments or environmental review may take longer. RMM attorneys work with project teams and public agencies to identify opportunities to streamline approvals and navigate the entitlement process as efficiently as possible.
Can land use and zoning regulations be changed for a particular project?
Yes. Local governments can adopt zoning amendments or other planning approvals to allow new types of development. These changes must follow established public processes and may require environmental review under CEQA.
RMM attorneys advise developers and public agencies on California’s evolving housing laws and approval pathways. We help clients identify and utilize CEQA exemptions and navigate key state housing laws, including the Builder’s Remedy, the Housing Accountability Act, and the Density Bonus Law. Our team works closely with project proponents and local agencies to support housing and mixed-use developments across California.
What is the Builder’s Remedy?
The Builder’s Remedy is a provision of California’s Housing Accountability Act that allows certain housing projects to proceed even if they conflict with local zoning when a jurisdiction lacks a compliant housing element. Determining whether a project qualifies requires careful legal analysis. RMM attorneys assist developers in evaluating Builder’s Remedy eligibility and navigating the legal and procedural issues that arise when pursuing these projects.
What protections does the Housing Accountability Act provide to housing developers?
The Housing Accountability Act limits a local government’s ability to deny or reduce the density of qualifying housing projects that comply with objective development standards. The law is designed to support the development of new housing throughout California. RMM attorneys advise developers on how the Housing Accountability Act applies to proposed projects and help address disputes that may arise during the approval process.
Are residential projects eligible for CEQA exemptions?
Some housing projects may qualify for statutory or categorical CEQA exemptions depending on their location, scale, and surrounding conditions. Identifying applicable exemptions early can significantly streamline the approval process. RMM attorneys work with project teams to evaluate potential CEQA exemptions and develop strategies to support their use during project approvals.
RMM serves as trusted counsel to public agencies throughout California. Our attorneys advise on governance, regulatory compliance, and decision-making under laws such as the Brown Act, Public Records Act, and conflict-of-interest requirements. We also assist agencies with complex planning, environmental, and infrastructure initiatives, helping ensure that agency actions are transparent, well-documented, and legally sound.
What does it mean to serve as outside CEQA counsel for a public agency?
CEQA counsel advises agencies throughout the environmental review process, helping ensure that environmental documents and project approvals comply with law and are legally defensible. This includes advising on environmental review strategy, reviewing draft environmental documents, responding to comments, and assisting with findings and notices. RMM attorneys regularly serve as CEQA counsel to state and local agencies statewide.
When should an agency involve CEQA counsel?
Involving CEQA counsel early in the process can help agencies identify potential legal issues, select the appropriate level of environmental review, and structure the administrative record. Early legal guidance can help avoid procedural problems that could lead to delays or litigation. RMM attorneys work with agencies and consultants throughout the CEQA process to support efficient and defensible project approvals.
How can agencies reduce the risk of CEQA litigation?
While litigation cannot always be avoided, careful documentation, thorough environmental analysis, and clear responses to public comments can strengthen the administrative record and reduce legal risk. RMM attorneys help agencies develop defensible environmental documents and guide projects through the CEQA process with litigation risk in mind.
RMM advises clients on the protection and management of California’s natural resources, including water supply, biological resources, and sensitive habitats. Our attorneys help navigate regulatory frameworks governing resource use and conservation, including state and federal permitting requirements. We work with agencies and project proponents to balance resource protection with responsible development.
What types of projects involve natural resource regulations?
Projects affecting water resources, biological resources, wetlands, or sensitive habitats often require permits or environmental review under state and federal laws.
What permits are commonly required for projects affecting natural resources?
Depending on the project, permits may be required from agencies such as the California Coastal Commission, the State Water Resources Control Board, or the U.S. Army Corps of Engineers.
How can environmental resource issues affect project timelines?
Environmental permitting and resource protection requirements can affect project design and timing. Addressing these issues early in the planning process can help avoid delays later.
RMM attorneys represent public agencies and project proponents in environmental and land use litigation in state and federal courts. Our practice includes defending project approvals in CEQA litigation, handling writ proceedings involving planning and zoning decisions, and litigating disputes arising from complex regulatory frameworks. We also represent clients in appeals involving environmental review and administrative actions.
What is a writ petition?
Most challenges to agency approvals are filed as writ petitions in state court. These cases focus on whether the agency followed the law and whether its decision is supported by the administrative record.
What is the administrative record, and why does it matter?
The administrative record contains the documents, studies, correspondence, and other materials the agency relied on when making its decision. In most environmental and land use cases, courts review the agency’s action based on that record rather than new evidence. A clear and well-organized administrative record is therefore critical to defending project approvals. RMM attorneys assist agencies and project proponents with compiling and managing administrative records and addressing related issues in litigation.