Managed retreat—the process of moving people and property away from the shoreline—is an unpopular but increasingly accepted response to rising sea-levels. In the inaugural issue of Nossaman’s California Water Views – 2023...more
The National Oceanic and Atmospheric Administration (NOAA) anticipates releasing the Draft Designation Documents for the proposed Chumash Heritage National Marine Sanctuary.
A draft proposed rule and management plan for...more
6/30/2023
/ Critical Habitat ,
Endangered Species ,
Environmental Impact Statements ,
Environmental Policies ,
Habitat Conservation Plan ,
Marine Life Protections ,
Native American Issues ,
NEPA ,
NOAA ,
Regulatory Agenda ,
Tribal Governments ,
Tribal Lands
On June 12, 2023, each house of the California State Legislature released the proposed language of the Budget Act of 2023. The Legislature’s proposal excludes the California Environmental Quality Act (CEQA) and permit...more
According to California’s projections, the miles of highways susceptible to coastal flooding in a 100-year storm event will triple from current levels to 370 miles by 2100, with over 3,750 miles exposed to temporary flooding....more
1/11/2023
/ California ,
California Coastal Commission ,
Climate Change ,
Coastal Real Estate ,
Environmental Justice ,
Flooding ,
Highways ,
Inflation Reduction Act (IRA) ,
Infrastructure Financing ,
Land-Use Permits ,
Railroads ,
Rising Sea Levels ,
Transportation Industry ,
Utilities Sector ,
Water Projects
While the 2022 Scoping Plan for Achieving Carbon Neutrality (2022 Scoping Plan) recently adopted by the California Air Resources Board (CARB) may benefit infill housing projects, it will likely create additional barriers to...more
According to California’s projections, the miles of highways susceptible to coastal flooding in a 100-year storm event will triple from current levels to 370 miles by 2100, with over 3,750 miles exposed to temporary flooding....more
According to California’s projections, the miles of highways susceptible to coastal flooding in a 100-year storm event will triple from current levels to 370 miles by 2100, with over 3,750 miles exposed to temporary flooding....more
11/17/2022
/ California ,
Continuing Legal Education ,
Environmental Justice ,
Erosion ,
Flooding ,
Highways ,
Inflation Reduction Act (IRA) ,
Infrastructure Financing ,
Transportation Industry ,
Utilities Sector ,
Water ,
Webinars
On October 18, 2022, the U.S. Bureau of Ocean Energy Management (BOEM) made available the Final Sale Notice (FSN) for the Morro Bay and Humboldt Wind Energy Areas (WEAs) offshore of California. The FSN was published in the...more
The enactment of special CEQA streamlining legislation for the Sacramento Kings arena nearly a decade ago created a model for a series of mega-project specific bills, all aimed at reducing the development uncertainty and the...more
The California Environmental Quality Act (CEQA) requires state and local government agencies to identify potentially significant environmental impacts of proposed projects and to reduce those impacts wherever feasible. For...more
11/25/2020
/ CEQA ,
Construction Project ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Environmental Review ,
Infrastructure ,
Legislative Agendas ,
Public Projects ,
Regulatory Agenda ,
State and Local Government ,
Transportation Industry
On August 29, 2020, Governor Newsom signed into law AB 2731, which is intended to support the potential redevelopment of the 70-acre Navy Old Town Campus in downtown San Diego. The site would include a LEED Gold certified...more
Please join us on August 4, 2020 from 11:30 a.m. to 12:30 p.m. PT for “Key CEQA Compliance Considerations for Vehicle Miles Traveled Analyses.” This complimentary webinar will examine the California Natural Resources Agency’s...more
On June 24, 2020, the California Office of Planning and Research (OPR) issued updated General Plan Guidelines for use by cities and counties in developing land use planning documents. The Guidelines are intended to implement...more
7/8/2020
/ Building Permits ,
CEQA ,
Environmental Justice ,
Flood Management ,
Flood Zones ,
Land-Use Permits ,
Local Rules ,
New Guidance ,
New Rules ,
Proposed Regulation ,
Wildfires
Please join our interdisciplinary panel of infrastructure, environmental, real estate and eminent domain attorneys for a discussion on planning, procurement and financing strategies that can be implemented now to support...more
5/26/2020
/ Business Strategies ,
CEQA ,
Construction Industry ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Court Closures ,
Eminent Domain ,
Environmental Litigation ,
Infrastructure ,
NEPA ,
Procurement Guidelines ,
Project Delivery Methods ,
Project Finance ,
Real Estate Development ,
Transportation Industry ,
Webinars
On March 23, 2020, Governor Newsom signed Executive Order N-54-20, suspending for 60 days public agency and project proponent procedures for posting notices of key CEQA compliance actions. The Executive Order also relaxes...more
4/27/2020
/ CEQA ,
Construction Project ,
Deregulation ,
Environmental Policies ,
Executive Orders ,
Native American Issues ,
Posting Requirements ,
Public Agencies ,
Public Projects ,
Regulatory Requirements ,
State and Local Government ,
Tribal Governments ,
Urban Planning & Development
On January 10, 2020, the Council on Environmental Quality (CEQ) proposed amendments to National Environmental Policy Act (NEPA) implementing regulations. The Proposed Rule would represent the first significant overhaul of...more
1/14/2020
/ CEQ ,
Comment Period ,
Deregulation ,
Environmental Assessments ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Environmental Review ,
Executive Orders ,
Infrastructure ,
NEPA ,
Proposed Rules ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Standards ,
Rulemaking Process ,
Surface Transportation ,
Trump Administration
On April 29, 2019, Governor Newsom issued Executive Order N-10-19 (EO) directing the California Natural Resources Agency, the California Environmental Protection Agency, the California Department of Food and Agriculture...more
5/8/2019
/ Climate Change ,
Delta Smelt ,
Endangered Species ,
Environmental Policies ,
Executive Orders ,
Governor Newsom ,
Habitat Conservation Plan ,
Natural Resources ,
Rulemaking Process ,
State and Local Government ,
Water Management ,
Water Supplies
With recent changes in state and federal leadership, as well as continuing developments from the Trump Administration, this seminar is a must-attend event for anyone involved in land use, zoning, environmental permitting,...more
4/18/2019
/ CEQA ,
Continuing Legal Education ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Environmental Site Assessment ,
Events ,
Land Use Restrictions ,
Public Projects ,
Real Estate Development ,
Rising Sea Levels ,
Sea Levels ,
Waters of the United States ,
Zoning Laws
The effects of the partial Federal government shutdown are being felt at the U.S. Fish and Wildlife Service (“Service”). The shutdown has virtually halted the Service’s processing of pending rulemakings under the Endangered...more
On September 28, 2018, the Fourth District Court of Appeal in Golden Door Properties, LLC v. County of San Diego (“Golden Door”) invalidated the County of San Diego’s recommended efficiency metric for analyzing the...more
On October 16, 2018, the Xerces Society for Invertebrate Conservation, Defenders of Wildlife, and the Center for Food Safety submitted a petition to the California Fish and Game Commission (Commission) to list the Crotch...more
On August 23, 2018, the California Fish and Game Commission (“Commission”) listed the Humboldt marten (Marten caurina humboldtensis) as an endangered species under the California Endangered Species Act (“CESA”). The...more
In response to material opposition from many of the transportation agencies in the State, the California Natural Resources Agency has proposed to provide transportation agencies with the discretion to determine the metric...more
In the Fall 2017 publication of the Unified Agenda of the Office of Information and Regulatory Affairs, the Department of the Interior announced its intent to revise the U.S. Fish and Wildlife Service’s regulations governing...more
12/22/2017
/ Conservation ,
Critical Habitat ,
Department of the Interior ,
Deregulation ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Executive Orders ,
Habitat Conservation Plan ,
Regulatory Oversight ,
Regulatory Reform ,
Trump Administration ,
US Fish and Wildlife Service
The paradigm shift in the evaluation of the transportation impacts of road and development projects has arrived. The Governor’s Office of Planning and Research (OPR) announced the most comprehensive and far-reaching...more