News & Analysis as of

California Environmental Quality Act CARB

Allen Matkins

State and Regional Efforts To Address Environmental Impacts Of Warehouses and Distribution Uses - 2024 Land Use, Environmental &...

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Efforts to regulate warehouses and distribution uses are not isolated to the local development moratoria and zoning code updates. At the state and regional level, the State Attorney General’s Office and regulatory agencies,...more

Holland & Knight LLP

Anti-Housing CEQA Lawsuits Filed in 2020 Challenge Nearly 50% of California’s Annual Housing Production

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Holland & Knight Partner Jennifer L. Hernandez, leader of the firm's West Coast Land Use and Environmental Group, recently authored an industry report for the Center for Jobs & The Economy, whose mission is to identify and...more

Coblentz Patch Duffy & Bass

SB 7 Breathes New Life into CEQA Streamlining Process

AB 900, a law that provided for speedy resolution of California Environmental Quality Act (CEQA) litigation, was allowed to “sunset” at the end of the 2020 legislative session, without an anticipated legislative extension. On...more

Foley & Lardner LLP

California Leads State Drive for Zero-Emission Fleet Transport

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This summer, California announced a plan that could significantly reshape all levels of the transportation industry from manufacturing and logistics to electric vehicle charging infrastructure. On June 25, 2020, the...more

Latham & Watkins LLP

Changes Ahead? How a Changing Regulatory Landscape Will Impact New Development and Infrastructure Projects in California

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Major new regulatory developments involving climate change create new risks for development projects and infrastructure - ..Recent CA Supreme Court decision? CEQAclarity ..CARB 2017 Scoping Plan targets development to...more

Manatt, Phelps & Phillips, LLP

Will State Climate Policy Usurp Local Land Use Control?

Whether in CEQA or Efforts to Halt Climate Change, Will the State Wrest Control of Land Use Decisions Away From Locals? - Introduction - The consequences of climate change are broadcast regularly: wildfires, sea-level...more

Miller Starr Regalia

Fifth District Holds CARB Violated CEQA And APA In Approving Modifications To Truck And Bus Regulation

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In a published opinion filed January 31, 2018, the Fifth District Court of Appeal affirmed the trial Court’s judgment issuing a writ of mandate voiding the California State Air Resources Board’s (“CARB”) 2014 amendments to...more

Latham & Watkins LLP

California’s Supreme Court Denies ARB Petition To Review LCFS Case

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In a previous post, we described how potential delays in the resolution of the case commonly known as POET I could create uncertainty regarding the future of the California Low Carbon Fuel Standard (LCFS). On August 23, 2017,...more

Holland & Knight LLP

California Supreme Court Rejects Attorney General's Challenge to SANDAG's Transportation Plan

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The California Supreme Court, in a 6-1 ruling, in Cleveland National Forest Foundation, et al v. San Diego Association of Governments (2017) ___ Cal. 5th __, Supreme Court Case No. 5223603 held that San Diego Association of...more

Latham & Watkins LLP

Uncertainty Looms with Delays to Resolution of California’s Low Carbon Fuel Standard Program Challenges

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Two recent developments in the interrelated legal challenges commonly known as POET I and POET II may create additional uncertainty for the future of the Low Carbon Fuel Standard Program (LCFS). Earlier this year, the...more

Latham & Watkins LLP

Court Reissues LCFS Opinion Per ARB Petition For Reconsideration

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As discussed in a previous post, the California Court of Appeal for the Fifth Appellate District (Court of Appeal) ruled on April 10, 2017 that the California Air Resources Board (ARB) had failed to properly follow a writ of...more

Downey Brand LLP

Up One Day, Down the Next—California Air Resources Board Receives Mixed Reviews in its Implementation of its Cap-and-Trade Program...

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In recent weeks, California appellate courts issued two decisions regarding California Air Resources Board (CARB) programs implemented under AB32, the Global Warming Solutions Act, with mixed results. The first decision...more

Miller Starr Regalia

CARB Violated CEQA and Writ in LCFS Litigation, Holds Fifth District, While Leaving New 2015 Regs in Effect

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In a detailed 66-page published opinion filed April 10, 2017, the Fifth District Court of Appeal reversed the trial court’s order discharging a writ of mandate that was issued to compel the California Air Resources Board...more

Perkins Coie

California’s New Climate Change Laws Tighten Limits on GHG, Increase Legislative Oversight of CARB

Perkins Coie on

California Governor Jerry Brown signed into law last week two controversial anti-climate change bills that will tighten greenhouse gas (GHG) limits by 40% and increase legislative supervision of the California Air Resources...more

Miller Starr Regalia

First District Rejects CEQA Challenge To “Plan Bay Area” Sustainable Communities Strategy EIR As Premised On Fundamental...

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In a 58-page published opinion filed June 30, 2016, the First District Court of Appeal affirmed the Alameda County Superior Court’s judgment upholding the Metropolitan Transportation Commission’s (MTC) and Association of Bay...more

Allen Matkins

California Environmental Law & Policy Update - January 2016 #2

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Environmental and Policy Focus - State lawmaker seeks to close old SoCal Gas wells in Aliso Canyon - Los Angeles Business - Jan 12 State Senator Fran Pavley is calling for Southern California Gas Co. to close older...more

Morrison & Foerster LLP

California's New Climate Era: SB 350 and Beyond

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Two out of three ain’t bad. Climate change policy advocates may find themselves quoting Meat Loaf with the enactment of Senate Bill (SB) 350, which California’s Legislature passed last month and which Governor Jerry...more

Nossaman LLP

California Supreme Court Ponders Greenhouse Gas, Fully Protected Species Issues

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The California Supreme Court heard argument on September 2, 2015 in a greenhouse gas (GHG) and fully protected species case with important state-wide implications. (Center for Biological Diversity v. Department of Fish and...more

Stoel Rives LLP

Is A 16% Reduction in GHG Emissions From "Business-As-Usual" Enough Under CEQA?

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Our previous post on the Second District Court of Appeal’s decision in Center for Biological Diversity v. Department of Fish & Wildlife, No. B245141 (Mar. 20, 2014), highlighted the court’s holdings on California...more

Miller Starr Regalia

CARB Violated CEQA In Adopting GHG Regulations, But Fifth District Holds Regulations May Remain Operative Pending Compliance

Miller Starr Regalia on

In a mostly-published 95-page opinion filed July 15, 2013, the Fifth District Court of Appeal reversed a trial court’s judgment and directed issuance of a writ of mandate setting aside Resolution 09-31 and two executive...more

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