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US Supreme Court Decision Invites Scrutiny of Legislatively Imposed Impact Fees

The unanimous opinion holds that development impact fees established through the legislative process are subject to constitutional scrutiny as potential regulatory takings. The Takings Clause of the Fifth Amendment to the...more

California Appeals Court: Statewide Emissions Goals May Inform Mitigation Measures

CEQA Case Report: Understanding the Judicial Landscape for Development - In an unpublished opinion issued May 18, 2018, Responsible Development for Water Tank Hill v. County of San Mateo, Case No. A150883, the California...more

California Appeals Court Dismisses As Moot Litigant’s Challenge to Planned Development Approval

CEQA Case Report: Understanding the Judicial Landscape for Development - In an unpublished opinion issued February 20, 2018, Advocates for Better Cmty. Dev. v. City of Palm Springs, Case No. E066193, the California Court...more

CEQA Case Report Year in Review 2017: Understanding the Judicial Landscape for Development

California higher courts rule in favor of public agencies on small majority of environmental impact report cases. Over the course of 2017, Latham lawyers reviewed all 46 California Environmental Quality Act (CEQA) cases,...more

California Court of Appeal Finds EIR’s Air Quality Analysis Deficient

CEQA Case Report: Understanding the Judicial Landscape for Development In a partially published opinion issued January 12, 2018, City of Long Beach v. City of Los Angeles, the California Court of Appeal affirmed in part...more

Proposed CEQA Guidelines Amendments Proceed Through Rulemaking Process

Proposed changes include shifting the methodology for studying projects’ potential traffic impacts and clarifying the terms for deferred mitigation measures. The California Natural Resources Agency (the Agency) has given...more

California Supreme Court: CEQA Requires Study of Potential Impacts to ESHA

Lead agencies cannot ignore the Coastal Act’s ESHA requirements in CEQA documents and defer analysis for later Coastal Commission review. Key Points: ..CEQA requires an EIR to identify potential environmentally...more

California Supreme Court: Government Communications on Private Accounts Are Public

Recent decision points to the original intent of the California Public Records Act in the evolving debate over government transparency. Key Points: ..California Supreme Court rules that emails and text messages sent...more

Environmental Protection Agency Adopts National Limits on Formaldehyde Exposure for Composite Wood Products

On December 12, 2016, EPA published the final Formaldehyde Standards For Composite Wood Products Rule (the Rule) in the Federal Register. The compliance date for most aspects of the Rule is December 12, 2017, with a...more

California Supreme Court Addresses CEQA Supplemental Review; Rejects “New Project” Test

Recent decision resolves appellate split regarding standard of review for agency decision to prepare supplemental environmental review. On September 19, the California Supreme Court held that the substantial evidence...more

California Supreme Court Addresses Subsequent Review Under CEQA; Rejects Lishman “New Project” Test

In an opinion by Justice Kruger, the Supreme Court of California unanimously reversed the Court of Appeal in Friends of the College of San Mateo Gardens v. San Mateo County Community College District, Cal. Supreme Court, Case...more

President Obama Signs PIPES Act of 2016, Reauthorizing PHMSA and Introducing New Mandates for Oil and Gas Pipeline Programs

On June 22, 2016, President Obama signed a bill reauthorizing the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) oil and gas pipeline programs through 2019. Obama’s final stamp on the Protecting our...more

EPA Targets Oil and Gas Sector with Suite of New Emissions Rules

On May 12, 2016, the US Environmental Protection Agency (EPA) released its final rules aimed at reducing methane emissions from the oil and gas industry, in support of the Obama Administration’s efforts to cut methane...more

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