Judge Rejects Huntington Beach CEQA Challenge to State Housing Enforcement Suit

Environmental attorney Nicholas Targ and land use attorney Dan Golub were quoted in a Daily Journal article about a California judge's decision rejecting a challenge to the state's Housing Element Law. In her ruling, San Diego County Superior Court Judge Katherine Bacal struck down Huntington Beach's arguments that adopting a compliant housing element violated California Environmental Quality Act (CEQA) review requirements; she also found the city improperly targeted the state's enforcement lawsuit and granted California Attorney General Rob Bonta's motion to dismiss under the anti-Strategic Lawsuits Against Public Participation (anti-SLAPP) statute. Mr. Targ, who co-chairs Holland & Knight's national Environmental Team, and Mr. Golub, who frequently litigates housing law issues, shared their reactions to the decision.

"The court showed some real frustration by the Huntington Beach's argument that a city lacks authority to adopt a housing element without first complying with CEQA," Mr. Targ observed. "Given that state law provides cities with exactly this authority, the court's ruling holds no great surprise."

"If there is anyone still out there who has persisted in believing that the housing laws don't really matter, this case should make you a believer," Mr. Golub added.

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