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Perspective

Mar. 24, 2010

Mitigation Fees May Stall Development Resurgence

Linda Bozung and Ryan Leaderman of DLA Piper discuss a case decision requiring mitigation fees on projects to be submitted for environmental evaluation.

By Linda Bozung and Ryan Leaderman

Courts have long found mitigation fee programs to be acceptable methods of mitigating significant and unavoidable environmental impacts of development projects under the California Environmental Quality Act (CEQA) so long as there is a "nexus study" to support the particular fee. A mitigation program imposes a fee on a developer for the cost of the impacts of his or her project and exacts payment from the developer, based on square foota...

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