Photo of Amy R. Higuera

Amy Higuera has successfully represented numerous clients in achieving favorable results in environmental law and land use entitlement matters.

Specifically, her practice includes representation and litigation involving CEQA and NEPA, the Sustainable Communities and Climate Protection Act, the Cortese-Knox-Hertzberg Government Reorganization Act of 2000, the Subdivision Map Act, the Endangered Species Act, and the Clean Water Act provisions associated with wetlands permitting. Amy also has experience representing real estate developers with the acquisition and disposition of commercial real estate, including due diligence title and zoning compliance review, as well as drafting and negotiating commercial leases. (Read more...)

The 2023 legislative session culminated in Governor Newsom signing dozens of land use bills. This post discusses the most important.

The Legislature continued its multifaceted approach to addressing the housing crisis, with the Governor signing 56 housing bills. The most important include expansions of SB 35 and the Housing Accountability Act.

Housing bills discussed

In Marina Coast Water Dist. v. County of Monterey (2023) 96 Cal.App.5th 46, the Sixth District Court of Appeal reversed the trial court’s ruling, rejecting Marina Coast Water District’s (“MCWD”) challenge to the sufficiency of the environmental review process for the Monterey Peninsula Water Supply Project (“Project”). The court held that Monterey County’s (“County”)

In Chevron U.S.A. Inc. v. County of Monterey (2023) 15 Cal.5th 135, the California Supreme Court held that Measure Z, a local ordinance banning certain oil production methods, was preempted by state law governing the regulation of oil wells.  

Measure Z was sponsored by Protect Monterey County (PMC) and passed by Monterey County

On June 23rd, the Fourth District published Save Our Access v. City of San Diego (2023) 92 Cal.App.5th 819, holding that a city’s approval of a ballot measure to remove the 30-foot Coastal Zone height limit in a community planning area required further environmental review. The Court concluded that the program EIR

In June we reported that California Governor Gavin Newsom’s infrastructure permitting and CEQA reform legislation package was mostly dead, with the Legislature finding it too complex for last-minute consideration. But there’s a big difference between mostly dead and all dead. Legislators and the Governor subsequently reached a tentative agreement to allow a pared-down version

In Tulare Lake Canal Company v. Stratford Public Utility District (2023) 92 Cal.App.5th 380, the Fifth District Court of Appeal reversed and remanded a trial court order denying a preliminary injunction to halt the construction of a water pipeline through an easement granted by the Stratford Public Utilities District (SPUD) without first undergoing environmental review.

Effective January 1, 2023, Thomas Law Group (TLG) will merge with Downey Brand. We are thrilled to welcome the TLG team to CEQA Chronicles and look forward to sharing their updates on important CEQA developments, new case law, legislation, and guidance.

In St. Ignatius Neighborhood Assn. v. City & County of San Francisco (Nov. 18

Effective January 1, 2023, Thomas Law Group (TLG) will merge with Downey Brand. We are thrilled to welcome the TLG team to CEQA Chronicles and look forward to sharing their updates on important CEQA developments, new case law, legislation, and guidance.

In American Chemistry Council v. Dept. of Toxic Substances Control (Nov. 18, 2022, F082604)

Effective January 1, 2023, Thomas Law Group (TLG) will merge with Downey Brand. We are thrilled to welcome the TLG team to CEQA Chronicles and look forward to sharing their updates on important CEQA developments, new case law, legislation, and guidance.

In Save North Petaluma River and Wetlands v. City of Petaluma (2022) 86 Cal.App.5th