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Hilltop Group, Inc. v, County of San Diego: Throwing a Judicial Monkey Wrench into the Spin Cycle of Local Agency CEQA Laundering?

The California Environmental Quality Act (CEQA) has long required a full analysis of project's potential adverse effects on the environment. The environmental impact report (EIR)-known as the "heart of CEQA"-is intended to...more

Natural Resources Agency Announces Proposed CEQA Guidelines Modifications, Calls For Written Comments By July 20, 2018

July 2, 2018 marked another significant step toward completion of the years-long journey of the first major CEQA Guidelines update in decades. The California Natural Resources Agency gave notice on July 2, 2018 of its...more

Fourth District Upholds Use of CEQA Writ Action Discovery Directed To Standing Issue, Affirms Trial Court’s Terminating Sanction...

A fundamental prerequisite to a viable lawsuit is a plaintiff possessing standing to bring it, and in writ of mandate proceedings that generally means a person or entity actually possessing a beneficial interest in the legal...more

Governor Brown Vetoes Flawed AB 890, Signals Preference for More Comprehensive CEQA Reform

On October 15, 2017, Governor Edmund G. Brown, Jr. sent a veto letter to California State Assembly Members, returning a controversial and flawed proposed land use bill – AB 890 – without his signature. Fortunately,...more

Governor’s Passion For Legislative CEQA Reform Has Waned, Contra Costa Times Reports After Mercury News Interview

On August 15, 2014, the Contra Costa Times reported on a wide-ranging interview of California Governor Jerry Brown conducted by the Mercury News opinion and editorial board on that same date. While largely devoted to other...more

CEQA “Late Hit” Reform Bill (SB 1451) Is Withdrawn By Author

Earlier this month, I posted an entry regarding the latest legislative effort at meaningful CEQA reform. See New CEQA Reform Bill (SB 1451) Proposes Positive Changes That Would Reduce “Late Hit” Document Dumps and Extend...more

Supreme Court is Primary CEQA Reform Engine

Followers of CEQA reform efforts over the past several years will have observed two general trends: (1) Legislative reform has proven difficult, incremental, and marked by political division and dealmaking; and (2) the...more

2014 Land Use Program - Northern California

In this presentation: - Legislative CEQA Reform Efforts - Selected CEQA Case Law Developments - Land Use Developments - What’s Happening in Tracy? - Overview and Purpose - Site...more

Judicial CEQA Reform On Supreme Court’s Docket In Coming Year?

Few would dispute that the California Supreme Court has played a leading role in judicial CEQA reform in recent years. It has clarified the law on the operation of CEQA’s statues of limitations, and attempted to bring more...more

Supreme Court Will Review “CEQA-In-Reverse” Issue In CBIA Case Challenging 2010 BAAQMD Air Quality Guidelines

On November 26, 2013, the California Supreme Court by unanimous vote granted review of a fundamental legal issue that repeatedly has surfaced in recent years in both published appellate opinions and the legislative debate...more

“The Year in CEQA: A Look Back”

My October 31 presentation with David Ivester for the Bay Planning Coalition on recent CEQA developments brought home the fact that while there has been only partial and incremental legislative reform (in the form of SB 743),...more

The Direction of CEQA “Reform” Under Proposed SB 731: One Step Up and Three Steps Back?

There has been a lot of buzz around proposed SB 731, which is working its way through the State Legislature and will be heard Monday, May 20, in the Senate Appropriations Committee. Notwithstanding the hype and hopes, I think...more

AB 900 CEQA Reform Law Partially Struck Down

Ruling from the bench at a March 29, 2013 hearing, Alameda County Superior Court Judge Frank Roesch found a key provision of an ambitious CEQA reform law championed by Senator Darrell Steinberg to be unconstitutional....more

4/9/2013  /  CEQA , CEQA Reform , Writ of Mandamus

“Bare-Bones” CEQA Reform Bill (SB 731) Introduced By Senator Steinberg; Senator Evans Proposes Legislation to Further Expand CEQA

On February 22, 2013, Senator President Pro Tempore Darrell Steinberg introduced SB 731, a bill the Senator’s website press release described as “outlining the detailed intent that strengthens [CEQA’s] protection of the...more

Perfect Storm for CEQA Reform In 2013? Former Govs Weigh In

Hot on the heels of Governor Jerry Brown’s 2013 State of the State address, which raised the need for CEQA reform (as noted in my immediately-preceding blog post), a trio of former California governors has echoed and...more

2/6/2013  /  Caltrans , CEQA , CEQA Reform , Jerry Brown

Are Courts Actively Limiting CEQA’s Scope In The Absence Of Meaningful Legislative Reform?*

While no California Environmental Quality Act (“CEQA”) reform was achieved by the California Legislature in its last session, Senate President Pro-Tem Darrell Steinberg has indicated in a recently-issued statement that it...more

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