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Governor Changes His Mind on CEQA Reform

In published reports, Gov. Jerry Brown discussed that he has had a spiritual conversion, of sorts, on his plans for CEQA reform. He strongly telegraphed that, if he wins a second term, he will not be making a push for CEQA...more

Fracking Hearings Set to Begin in North Carolina

This Wednesday in Raleigh will see the first of four upcoming public hearings in North Carolina over the state’s proposed fracking rules. The hearings are part of the final phase of rule making, coming after two years of...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

Supreme Court Opens Escape Path From CEQA Via Citizens Initiative – Tuolumne Jobs & Small Business Alliance v. Superior Court

Why it matters: Project proponents may avoid CEQA altogether by gathering sufficient voter signatures and then having the local City Council approve the proposed project, without submitting the measure to a vote of the...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

Decision: Voter-Sponsored Local Land Use Initiatives Not Subject to Environmental Review

The proposed expansion of a Wal-Mart store into a Wal-Mart Supercenter in the City of Tuolumne, Calif. yielded a California Supreme Court decision that says city councils need not comply with CEQA before adopting a...more

Supreme Court Confirms CEQA Exemption for Voter-Sponsored Initiatives

In Tuolumne Jobs & Small Business Alliance v. Superior Court, No. S207173 (Supreme Court, Aug. 7, 2014), the California Supreme Court ruled that the California Environmental Quality Act (CEQA) does not apply when a lead...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 Environmental Law and Policy Update - August 2014 #4

Environmental and Policy Focus - State Lands Commission files suit to overturn S.F.'s Prop. B: SFGate.com - Jul 15: The State Lands Commission filed suit Tuesday to overturn San Francisco's voter-approved limits on...more

No CEQA Review Required For Initiative Measures, Whether Adopted By City Council Or Voters

The Supreme Court of California has held that CEQA review was not required before the Sonora City Council adopted an initiative measure approving a specific plan for expansion of a Wal-Mart store. The court held that: the...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

California Supreme Court Rules Local Governments Are Not Required to Comply With CEQA Before Adopting a Voter-Sponsored Initiative

Opinion Clarifies When CEQA Review is Required for Local Land Use Initiatives - Local governments may adopt voter-sponsored initiatives without conducing environmental review pursuant to the California Environmental...more

CEQA Alert: California Supreme Court Holds No CEQA Review is Required for Adoption of Voter-Sponsored Initiatives

On August 7, the California Supreme Court filled the last gap in the interpretation of CEQA in the context of land use initiatives. Previously, the courts had determined that (1) CEQA compliance is required for land use...more

CA Supreme Court Rules ‘No CEQA Required’ When Agencies Adopt Citizen-Sponsored Initiatives

The California Supreme Court unanimously ruled that when a city council or county board of supervisors adopts a citizen-sponsored land use initiative, rather than placing it on the ballot, it need not comply with the...more

Setting the Stage for the EPA Power Plant Proposal — The Week That Was …

On June 2, 2014, the Environmental Protection Agency (EPA) released its first-ever proposal to regulate carbon dioxide emissions from existing power plants. The Republican-controlled House of Representatives,...more

Updates: Federal Government's Efforts to Review and Devise Hydraulic Fracturing Regulations

(1) GAO Report: EPA Can Do More To Protect Groundwater from Pollutants Associated with Fracking - On Monday, July 28, the U.S. Government Accountability Office (GAO) released a report stating that EPA can do more to...more

California Economic Development Leaders Urge Peer Review of New CEQA Guidelines

The California Economic Summit announced this week that its leaders, such as the president of the Los Angeles County Economic Development Corporation and the president of the Inland Empire Economic Partnership, have written...more

Reviewing Courts' Approaches to State or Local Control of Hydraulic Fracturing

While many debates over hydraulic fracturing continue throughout the oil and gas industry, a growing number of state courts are addressing the "home rule" argument, or in this case, whether local governments within the state...more

Capital Thinking: Environment and Natural Resources

Regulatory Activity - EPA TO HOLD PUBLIC HEARINGS ON CLEAN POWER PLAN - This week, the Environmental Protection Agency (EPA) will hold public hearings in Washington D.C., Atlanta, Denver and Pittsburgh to...more

Texas City Council Rejects Fracking Ban

On July 16, 2014, the City Council of Denton, Texas rejected an ordinance that would prohibit hydraulic fracturing. The initiative will now be considered by the Denton residents in the November election. Earlier this year,...more

Efforts to Avoid Ballot Measures on Fracking Fail in Colorado

Faced with the potential for two anti-fracking measures on the Colorado ballot this November, Colorado governor John Hickenlooper and state lawmakers have been working for weeks to develop a legislative compromise to avoid...more

Capital Thinking: Environment and Natural Resources

REGULATORY ACTIVITY - GREENHOUSE GAS - Pursuant to President Obama’s Climate Action Plan, the Environmental Protection Agency (EPA) will soon propose to prohibit certain chemicals contributing to emissions of...more

Water Issues Reframe State Fracking Debate

The debate over fracking continues nationwide, but in California there is an increasing focus on one major issue: water supply. With the state facing one of the most severe droughts on record and water regulators tightening...more

President Obama Signs Water Resources Reform & Development Act of 2014 #2

President Obama recently signed into law the Water Resources Reform and Development Act of 2014 ("WRRDA"). The President's action follows Congressional approval of the Conference Agreement reached in May by House and Senate...more

Taking A Look At Significant Environmental Legislation This Session:

SB 38 – Amend Environmental Laws started as Emergency Management Amendments. The House added environmental amendments. The House sent the bill back to the Senate for concurrence. The Senate Clerk’s Office is holding the bill...more

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