Michelle Ouellette

Michelle Ouellette

Best Best & Krieger LLP

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New Law Requires Formal Consultation with Native American Tribes During CEQA Process

Agencies Must, Upon Request, Consult With Tribes About “Tribal Cultural Resources” - Assembly Bill 52, signed yesterday by Gov. Jerry Brown, seeks to protect a new class of resources under CEQA: “tribal cultural...more

9/29/2014 - CEQA Native American Issues Tribal Governments

Federal Appellate Court Upholds Environmental Review of Colorado River Water Delivery Agreement

Ninth Circuit Affirms District Court’s Decision Approving NEPA and Clean Air Act Review of Federal QSA - The U.S. Court of Appeals for the Ninth Circuit has issued its decision on the federal case challenging...more

5/21/2014 - Clean Air Act Environmental Policies Environmental Review NEPA Water

Court Upholds Approvals for the Cadiz Valley Water Conservation, Recovery and Storage Project

Trial Court Validates Agreements and Plans for Large Public-Private Water Project and Approves CEQA Review - The Orange County Superior Court last week issued rulings rejecting all six challenges to the environmental...more

5/6/2014 - CEQA Conservation Environmental Impact Report Environmental Review Public-Private Partnerships Water

Applications for Funding are Not Necessarily Projects Under CEQA - Court Clarifies Save Tara Standard

In the recently published decision in City of Irvine v. County of Orange the Court of Appeal held that the county’s approval of an application for state funding to expand a jail facility was not a project under the California...more

12/4/2013 - CEQA Entitlements Funding Public Projects

Broad Reform of the California Environmental Quality Act Shelved for 2013 - Several CEQA Bills Await the Governor’s Signature

After promises of far-reaching reform in 2013, the state Legislature has instead proposed only a few tweaks to the California Environmental Quality Act (CEQA). Several CEQA-related bills were passed by the Legislature and...more

9/17/2013 - CEQA Environmental Policies Jerry Brown Proposed Legislation

Court of Appeal Addresses Greenhouse Gas Emissions Analysis Under CEQA

The Court of Appeal for the Third District issued its ruling Monday in Friends of Oroville v. City of Oroville. Finding an environmental impact report’s greenhouse gas emissions (GHG) analysis deficient, the court’s ruling...more

8/21/2013 - CEQA Environmental Impact Report Mitigation

Court of Appeal Rules Setting Thresholds is Not a "Project" Under CEQA - Air District’s CEQA Thresholds for Greenhouse Gases...

Yesterday, the Court of Appeal for the First District issued its ruling in California Building Industry Association v. Bay Area Air Quality Management District. In a win for public agencies, the court held that establishing...more

8/15/2013 - Air Pollution CEQA Environmental Claims Environmental Policies Greenhouse Gas Emissions Public Projects

State Supreme Court Makes Key CEQA Ruling Involving Baseline Analyses - Future Conditions Can Be Used as the Sole Baseline for...

In a victory for public agencies, the California Supreme Court today issued its much-anticipated ruling in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (August 5, 2013). The Court held that, in...more

8/5/2013 - CEQA Environmental Claims Environmental Impact Report

San Bernardino County Approves Temporary Moratorium on Utility-Scale Solar Projects - County Wants Time to Consider Potential...

The San Bernardino County Board of Supervisors last week unanimously approved a 45-day moratorium on utility-scale solar energy projects to allow the County time to address potential land use compatibility issues posed by...more

6/19/2013 - Moratorium Nuisance Permits Property Valuation Solar Energy Solar Farm

Court Upholds California’s Landmark Quantification Settlement Agreement Involving Colorado River Water Transfers - Trial Court...

The Sacramento Superior Court last week issued its ruling on the long-running coordinated cases challenging the state’s landmark Quantification Settlement Agreement (QSA), validating the QSA and eleven related agreements...more

6/12/2013 - CEQA Settlement Ultra Vires Water

CEQA: Reforming California's Landmark Environmental Law

California has always been on the cutting edge when it comes to environmental protection. Nowhere is this more apparent than in the adoption and implementation of the California Environmental Quality Act, frequently referred...more

3/5/2013 - CEQA CEQA Reform NEPA Proposed Legislation Unions

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