Daniel Freedman, shareholder at Brownstein Hyatt Farber Schreck, and Hannah Park, partner at Best Best & Krieger, share dual perspectives from the developer and agency lens.
Attendees will learn:
- How to navigate unknowns surrounding housing projects, leverage underused CEQA strategies, and position housing applications for the best outcome
- What agencies consider in reviewing housing applications against CEQA standards and exemptions
- How to prepare for a Proposition 45 pass — or fail — scenario
- Why NEPA review may become more relevant under new federal housing financing rules
This session is designed for licensed California practitioners with baseline knowledge of CEQA and land use law.
Our speakers cover:
Q: How do I help my clients pick the best CEQA strategy for a housing application?
A: Start with the whole project description. Then check every criterion of your chosen CEQA pathway against the record, look for any fact that could defeat it, and plan a backup before the client spends on a document. Our speakers share a five-question intake checklist and an “eligibility matrix” that ties each legal requirement to a project fact.
Q: What does AB 130 mean for infill housing projects?
A: AB 130 (Pub. Res. Code § 21080.66) is a statutory CEQA exemption for qualifying infill housing. It puts an end date on tribal consultation, roughly 135 days at most, and makes a project deemed approved if the agency fails to act on time. Daniel Freedman also shares a case study of how his firm helped get a 149-unit infill project approved after a late historic report derailed its Class 32 exemption.
Q: What is the SB 131 “near-miss” rule, and when should I use it?
A: If a project misses exactly one criterion of a streamlined pathway like AB 130 or Class 32, SB 131 (Pub. Res. Code § 21080.1) allows a narrower “mini-EIR” with no alternatives analysis or growth-inducing impacts analysis. Our speakers explain why it works best as insurance, and how tiering off a city’s certified general plan or housing element EIR (Pub. Res. Code § 21083.3; CEQA Guidelines § 15183) can also narrow review and shift litigation to the more favorable substantial-evidence standard.
Q: How should I advise clients to prepare for Prop 45, whether it passes or fails?
A: Prop 45, on the November 3, 2026 ballot, lets applicants for “essential projects” opt into an adjusted CEQA process with enforceable deadlines (30 days for completeness; 365, 180 or 90 days for a decision, depending on the CEQA document) and limits remedies to the non-compliant part of a review. It doesn’t exempt projects from CEQA. Our speakers cover what applicants and lead agencies can do now, such as stabilizing the project description and lining up consultants, and which of those habits pay off even if it fails.
Q: When does NEPA come into play on a California housing project?
A: Federally insured financing, including the expanded FHA multifamily loan limits under the 21st Century Road to Housing Act, can trigger NEPA review even though CEQA still applies independently. Our speakers explain why to flag federal money at intake, so you can coordinate CEQA and NEPA review under one project description and schedule.
Speakers
Daniel Freedman
Shareholder | Brownstein Hyatt Farber Schreck
Daniel Freedman is a land use attorney who helps clients navigate the legal, political, and regulatory challenges of building housing and infrastructure in California. His practice spans entitlement strategy and civil litigation, and he advises on CEQA, zoning, and municipal issues. He served as an adjunct professor in graduate urban planning programs at UCLA and California State University, Northridge, where he taught urban planning and land use law. He is also an Advisory Board member for the UCLA Luskin Center for Innovation.
Hannah Park
Partner | Best Best & Krieger LLP
Hannah Park, partner in BB&K’s Environmental Law & Natural Resource practice group, advises public agencies and private developers throughout California on navigating CEQA (California Environmental Quality Act), NEPA (National Environmental Policy Act), and related land use and environmental requirements. She advises across the full project cycle—from early entitlement strategy through approval and litigation—for cases spanning complex housing, mixed-use, industrial, infrastructure, and renewable energy development. Hannah has presented in CEQA strategy workshops for the Orange County Chapter’s Association of Environmental Professionals and the California Association of Environmental Professionals.
LinkedIn (Hannah Park, opens in a new tab) | Bio (Hannah Park, opens in a new tab)
Related Resources:
CEQA Hub — Built on CEB’s trusted editorial expertise, CEQA Hub analyzes CEQA impact so you don’t have to.
2026 CEQA White Paper — From Environmental Review to Threshold Fights: CEQA Litigation After AB 130 and SB 131
Blog — Housing Streamlining and CEQA: Navigating SB 35, the Builder’s Remedy, and Ministerial Approvals
