Norman Carlin

Norman Carlin

Pillsbury Winthrop Shaw Pittman LLP

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“Reverse CEQA” Reversed: California Supreme Court Rejects CEQA Analysis of Impacts of the Environment on the Project

In California Building Industry Association v. Bay Area Air Quality Management District (December 17, 2015) (Case No. S213478) (CBIA v. BAAQMD), the California Supreme Court rejected a requirement for so-called “reverse CEQA”...more

12/22/2015 - Bay Area Air Quality Management District CA Supreme Court California Building Industry Association (CBIA) CEQA Contamination Environmental Impact Report (EIR)

Risky “Business as Usual”: The California Supreme Court Upholds the BAU Approach to CEQA Climate Impact Analysis, but Sets a High...

In Center for Biological Diversity v. Dept. of Fish and Wildlife,1 the California Supreme Court upheld the “Business as Usual” (BAU) approach for analyzing greenhouse gas (GHG) emissions under the California Environmental...more

12/7/2015 - CA Supreme Court CEQA Environmental Impact Report (EIR) Fully Protected Species Greenhouse Gas Emissions NEPA US Fish and Wildlife Service

California Supreme Court Creates Two-Part CEQA Exemption Test in Berkeley Hillside

Developers and agencies seeking to expedite project reviews under the California Environmental Quality Act (CEQA) often chafe under its unique “fair argument” standard of judicial review, which sets a very low bar for...more

3/5/2015

Aurora Energy Decision Deems Discharges Prohibited, Leaves Open Question of Permit Shield Applicability

On September 3, 2014, the United States Court of Appeals for the Ninth Circuit issued its opinion in Alaska Community Action on Toxics v. Aurora Energy Services, LLC, holding that the Clean Water Act General Permit for...more

9/18/2014 - Appeals Clean Water Act Coal Coal Industry EPA NPDES Stormwater Discharge Permits

Be Careful What You Look For: EPA Updates “All Appropriate Inquiries” Environmental Diligence Standard

On December 30, 2013, the U.S. Environmental Protection Agency (“EPA”) amended its “All Appropriate Inquiries” rule, which sets out the standard for environmental due diligence in commercial and industrial property...more

1/9/2014 - ASTM CERCLA Contaminated Properties Due Diligence Environmental Assessments Environmental Policies Environmental Review EPA Hazardous Substances Land Developers Real Estate Market Superfund Vapor Intrusion

Bay Area Air District’s Significance Thresholds Reinstated: No CEQA Review for CEQA Review Thresholds

A new appellate decision reinstates the Bay Area Air Quality Management District’s controversial “significance thresholds” for evaluating air quality impacts under the California Environmental Quality Act. ...more

8/16/2013 - Air Pollution CEQA Greenhouse Gas Emissions Hazardous Substances Threshold Requirements

Like Athena From the Head of Zeus: Neighbors for Smart Rail Authorizes Future Baselines in CEQA Review

A new California Supreme Court decision, Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, authorizes reliance on anticipated future conditions as the “baseline” for evaluating impacts of long-term...more

8/7/2013 - CEQA Environmental Policies Environmental Review High-Speed Rail Infrastructure Public Private Partnerships (P3s) Public Projects

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