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Tuolumne Jobs Case

The California Supreme Court has just issued an opinion which may encourage the use of initiatives. At issue in the case was an initiative to adopt a specific plan to streamline approval for construction and operation of a...more

FDEP Touts the Success of the State’s Brownfields Redevelopment Program

Florida Department of Environmental Protection (FDEP) touts the success of the State’s Brownfields Redevelopment Program. Since its inception in 1997, Florida’s Brownfields Redevelopment Act ( Florida Statutes Sections...more

Other 2014 Environmental and Land Use Legislation: Fracking, Brownfields, State Land Conservation, Private Easements, Wood Burning...

The General Assembly passed noteworthy bills on six diverse environmental and land use subjects. Hydraulic Fracturing Waste - A deceptively simple bill concerning hydraulic fracturing waste, PA 14-200, emerged...more

California Supreme Court Holds No CEQA Review Required for a Voter Initiative-Sponsored Ordinance

In a relatively short decision, the California Supreme Court held in Tuolumne Jobs & Small Business Alliance v. Superior Court of Tuolumne County (Tuolumne Jobs) that the California Environmental Quality Act (CEQA) does not...more

The California Supreme Court Further Limits the Scope of CEQA Review for Voter-Sponsored Initiatives in Tuolumne Jobs & Small...

Voter-driven initiatives meeting California Elections Code requirements may be adopted directly by local governments without first conducting a full review under the California Environmental Quality Act ("CEQA"), according to...more

California Supreme Court Holds CEQA Inapplicable To City’s Adoption Of Qualified Voter Initiative Approving Wal-Mart “Supercenter”...

In a concise 15-page opinion filed August 7, 2014, the California Supreme Court reversed the Fifth District Court of Appeal’s judgment which had held that a city may not adopt a voter-sponsored initiative with potential...more

New Development Extension Opportunities Now Available

The Florida Legislature has provided numerous extensions for development permits and approvals over the past several years, which have typically required that the holder of the permit or approval provide notice to the issuing...more

Environmental Alert: "Clearly Allocate Risk of Change Interpretations in Transactions"

When buyers request that sellers warrant compliance with environmental law, sellers need to appreciate that agency interpretation or agency enforcement discretion may have played a role in the seller’s apparent ongoing...more

Environmental Due Diligence: A Practical Guide to Environmental Site Assessments Part 2

If after a Phase I ESA, the EP determines further investigation is warranted, that more invasive investigation takes the form of a Phase II ESA. The primary purpose in conducting a Phase II ESA is to evaluate any REC(s)...more

Collateral Estoppel Bars Copy-Cat Environmental Plaintiff in New Case After Judgment

Roberson v. City of Rialto (4th Dist., Div. 2, 5/21/2014, E058187) - The Fourth District Court of Appeal affirmed a judgment denying a petition for writ of mandate to invalidate project approvals for the construction...more

Citizens for a Green San Mateo v. San Mateo County Community College District

Why it matters: The 30 day statute of limitations for CEQA challenges was upheld to bar litigation alleging that a project, as constructed, was different from how that project was described in the CEQA document....more

The New ASTM E1527-13

In 2013, the EPA issued an amendment to the ASTM E1527-05 to reflect “evolving practices and a higher level of rigor.” While the most recent standard is encouraged, there is no law mandating that it must be used. E1527-05...more

2014 Legislative Update: Environment, Growth Management and Water

CS/CS/CS/HB 325 amends statutory provisions relating to the brownfield program and modifies the procedures for establishing a brownfield area. The bill also authorizes the local government designating a brownfield area to use...more

Environmental Due Diligence: A Practical Guide to Environmental Site Assessments Part 1

Environmental Site Assessments (“ESA”) assist potential purchasers acquiring an interest in commercial real estate with determining a baseline for certain environmental conditions of the property and potentially establishing...more

Sierra Club v. County of Fresno

Why it matters: The court refined its previous test for air quality impacts analysis under CEQA, and required recirculation of an EIR due to its failure to specifically analyze the impacts on human health resulting from the...more

EPA Proposes Clarification on CERCLA’s “All Appropriate Inquiry” Standard

Step by step, inch by inch. Slowly but diligently, the U.S. Environmental Protection Agency has been working to clarify what standards and practices may be used for conducting “all appropriate inquiries” (AAI) under the...more

EPA Proposes to Delete Reference to Superseded 2005 ASTM Standard from “All Appropriate Inquiry” Rule

On June 17, 2014, the United States Environmental Protection Agency published a proposal to delete reference to the 2005 version of the ASTM Phase I environmental site assessment standard from the federal “all appropriate...more

What's a ROG and Can It Hurt Me? EIR Overturned For Failure to Explain Air Quality Impacts to Human Health

In Sierra Club v. County of Fresno (Cal. Ct. App. 5th Dist. May 27, 2014), the Fifth Appellate District found fault with the County of Fresno’s (County) review of the Friant Ranch Project (Project) under the California...more

EPA Issues Proposed Rule to Remove Reference to ASTM E1527-05 in All Appropriate Inquiries Rule

On June 17, 2014, the U.S. Environmental Protection Agency published a proposed rule to amend the standards and practices for complying with the “All Appropriate Inquiries” rule under the Comprehensive Environmental Response,...more

10 Development Due Diligence Considerations

New development projects are on the rise again. Here is a quick checklist of 10 issues to consider before getting started on any development project...more

“CEQA-in-Reverse” Case Headed for the California Supreme Court

“CEQA-in-Reverse” - Real estate developers, public agencies and private businesses involved in land development or redevelopment may soon have to contend with a new far-reaching interpretation of the California...more

Real Estate and Land Use - June 2014

Bowman v. California Coastal Commission - Why it matters: The Court in Bowman held that a permit condition could not be modified or deleted by a second permit that included the same project, even if the first permit...more

Additional Environmental and Host Municipality Guidance on the New York RFA Process

Revised guidance on the SEQRA process - 24-month time limit to begin upon conclusion of SEQRA review. SEQRA, or the State Environmental Quality Review Act, is a New York law mandating that projects receiving...more

Financial Infeasibility of CEQA Alternatives Determined By Reasonably Prudent Person

In SPRAWLDEF et al. v. San Franscisco Bay Conservation and Development Commission, et al. (“SPRAWLDEF”)(certified for publication 5/28/2014), the First Appellate District reversed the trial court’s decision and held the San...more

New Standard for Environmental Assessments Gaining Traction

The American Society for Testing and Materials ("ASTM") standard for Environmental Assessments was revised in 2013 for the first time since 2005. The Department of Housing and Urban Development has now adopted the updated...more

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