Christopher Garrett

Christopher Garrett

Latham & Watkins LLP

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California Supreme Court Hears Oral Argument in Friends of the College of San Mateo Gardens v. San Mateo County (Case No. S214061)

On May 4, 2016, the California Supreme Court heard oral argument in Friends of the College of San Mateo Gardens v. San Mateo County Community College District (Case No. S214061), which addresses the standard of review that...more

5/12/2016 - CA Supreme Court CEQA Environmental Impact Report (EIR) Environmental Litigation Environmental Review Oral Argument Real Estate Development Standard of Review Substantial Evidence Standard

Sixth Circuit Determines it has Jurisdiction to Hear Challenges to the Clean Water Rule

On February 22, 2016, in a 2-1 decision, the US Court of Appeals for the Sixth Circuit determined it has jurisdiction over the numerous legal challenges to the Clean Water Rule (the Final Rule), thus siding with the position...more

2/26/2016 - Clean Water Act Clean Water Rule EPA Final Rules Jurisdiction US Army Corps of Engineers Waters of the United States

California Governor’s Office Releases Updated CEQA Guidelines Proposal on SB 743 Implementation

On January 20, 2016, the Governor’s Office of Planning and Research (OPR) released a new draft proposal for implementing Senate Bill 743 (Steinberg 2013) (SB 743), which would require traffic analysis to be based on vehicle...more

1/27/2016 - CEQA Jerry Brown Land Use Restrictions Roads Rulemaking Process Urban Planning & Development

California Supreme Court Charts New Course For Climate Change Analysis

Court endorses significance threshold based on consistency with statewide GHG reduction goals, but nonetheless invalidates State EIR utilizing that threshold. On Monday November 30, 2015, the California Supreme Court...more

12/2/2015 - CA Supreme Court Center for Biological Diversity CEQA Climate Change Greenhouse Gas Emissions Popular

California Supreme Court Hears Oral Argument in Case Challenging 2010 Bay Area Air Quality Management District Air Quality...

On October 7, 2015, the California Supreme Court heard oral argument in California Building Industry Association v. Bay Area Air Quality Management District (Supreme Court Case No. S213478), a case which calls into question...more

10/15/2015 - Air Pollution Bay Area Air Quality Management District CA Supreme Court California Building Industry Association (CBIA) CEQA Clean Energy Construction Project Environmental Impact Report (EIR) Petition for Writ of Mandate

Sixth Circuit Stays Obama Administration’s New Clean Water Rule Nationwide

On October 9, 2015, the US Court of Appeals for the Sixth Circuit stayed the implementation of the Clean Water Rule (the Final Rule) nationwide. The Final Rule defines “waters of the United States” (WOTUS), a threshold term...more

10/15/2015 - Clean Water Act Clean Water Rule EPA Proposed Legislation Stays Subject Matter Jurisdiction US Army Corps of Engineers Waters of the United States

Federal Judge Grants Preliminary Injunction Blocking the Obama Administration’s New Clean Water Rule From Taking Effect

On August 27, 2015, the US District Court for the District of North Dakota issued a preliminary injunction against implementation of the Clean Water Rule (the Final Rule). The Final Rule defines Waters of the United States...more

9/4/2015 - Administrative Procedure Act Clean Water Rule EPA Federal Jurisdiction Final Rules Preliminary Injunctions Rulemaking Process US Army Corps of Engineers Waters of the United States

Ninth Circuit Holds that the BLM’s Grant of a Right-of-Way for a Road Over Federal Land Does Not Trigger Consultation Under the...

On May 27, 2015, the United States Court of Appeals for the Ninth Circuit upheld the US Bureau of Land Management’s (BLM) grant of a right-of-way over federal land for a road (the Road Project) for a wind energy project...more

7/3/2015 - Bureau of Land Management Endangered Species Act (ESA) Environmental Impact Report (EIR) NEPA Right of Way US Fish and Wildlife Service Wind Power

California Supreme Upholds City of San Jose Inclusionary Housing Set-Aside Ordinance

Today, the California Supreme Court unanimously upheld the City of San Jose’s Inclusionary Housing Ordinance, rejecting a facial constitutional challenge brought in California Building Industry Association (CBIA) v. City of...more

6/17/2015 - Affordable Housing Inclusionary Housing Ordinance Takings

California Supreme Court Hears Oral Argument Over City’s Inclusionary Housing Set-Aside

On April 8, 2015, the California Supreme Court heard oral argument in California Building Industry Association v. City of San Jose (Affordable Housing Network of Santa Clara County et al.), S212072, a case with statewide...more

4/30/2015 - Affordable Housing CA Supreme Court Construction Industry Construction Project Local Ordinance Oral Argument Set-Asides

California Supreme Court Protects CEQA Categorical Exemptions

Court gives more deference to an agency’s decision to use a categorical exemption, likely thwarting environmental opponents. On Monday March 2, the California Supreme Court upheld the use of a California Environmental...more

3/5/2015

Climate Action Plan for San Diego County Struck Down Under CEQA by Court of Appeal for Failure to Comply with Requirements for...

On October 29, 2014, the Fourth District Court of Appeal of California upheld the Sierra Club’s challenges to the County of San Diego’s (“County”) approval of a climate action plan (“CAP”) and related significance thresholds...more

11/13/2014 - Carbon Emissions CEQA Climate Action Plan Climate Change Environmental Policies Greenhouse Gas Emissions

California Development: Proposed Amendments to CEQA Guidelines Significantly Change Transportation Analyses

Developers of infill projects could face additional uncertainty and legal vulnerability under new requirements to analyze impacts on transportation. On August 6, the Governor’s Office of Planning and Research (OPR)...more

8/15/2014 - CEQA Department of Transportation (DOT) Environmental Policies Public Transit Urban Planning & Development

2013 in Renewable Energy Project Litigation

Renewable energy developers continue to have an excellent track record of defeating project challenges. In December 2012, we summarized nearly 10 years of litigation against renewable energy projects. Between the...more

4/2/2014 - DOE Energy Renewable Energy Solar Energy Wind Power

Federal Approval of Tule Wind Project Upheld in District Court on NEPA, Migratory Bird Act, and Bald & Golden Eagle Act Claims

On March 25, 2014, in The Protect Our Communities Foundation et al. v. Jewell et al. , the US District Court for the Southern District of California issued a decision on a challenge to the Tule Wind Project and found in favor...more

3/27/2014 - Bald and Golden Eagle Protection Act Migratory Bird Treaty Act NEPA Wind Power

Decision on Cape Wind Offshore Wind Farm

On March 14, 2014, in Public Employees for Environmental Responsibility et al. v. Beaudreu et al., the US District Court for the District of Columbia issued a decision on multiple challenges to the Cape Wind Offshore Wind...more

3/20/2014 - Energy Migratory Bird Treaty Act Offshore Wind Wind Power

Ninth Circuit Upholds NEPA and NHPA Analysis for Hawaii High-Speed Rail System

On February 18, 2014, the Ninth Circuit Court of Appeals rejected challenges under the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), and the Department of Transportation Act to the...more

2/27/2014 - Department of Transportation (DOT) Environmental Impact Report (EIR) Federal Transit Administration High-Speed Rail NEPA NHPA Railways

Ocotillo Wind-Energy Project Prevails in NEPA and Migratory Bird Treaty Act Challenges

On November 6, 2013, in The Protect Our Communities Foundation v. Salazar, the U.S. District Court for the Southern District of California rejected a challenge to the Ocotillo wind-energy project based on the National...more

11/25/2013 - Environmental Policies Migratory Bird Treaty Act Renewable Energy Wind Power

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