News & Analysis as of

California Environmental Quality Act Climate Change

CEQA News You Can Use - Vol. 2, Issue 2

Welcome to CEQA News You Can Use, a quarterly publication of Brownstein Hyatt Farber Schreck Natural Resources lawyers. This publication is intended to provide quick, useful bites of CEQA news that we hope can be a resource...more

High Court Upholds Long-Term GHG Emissions Analysis, But Warns Agencies to Keep Pace with Regulatory Advancements: Lessons from...

Cleveland National Forest Foundation, et al. v. San Diego Association of Governments (2017) __ Cal. 5th __, Supreme Court Case No., S223603 - Judicial deference to a lead agency’s determination regarding the proper...more

Supreme Disappointment: High Court’s Narrow Opinion In SANDAG RTP/SCS EIR Case Offers Little Guidance On CEQA GHG Analysis

by Miller Starr Regalia on

On July 13, 2017, the California Supreme Court rendered a 6-1 decision holding that the San Diego Association of Governments’ (SANDAG) 2011 EIR for its Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS)...more

Lead Agencies Need Not (Necessarily) Consider Governor’s Executive Orders When Analyzing Emissions - California Supreme Court...

by Best Best & Krieger LLP on

In a highly anticipated decision, Cleveland National Forest Foundation v. San Diego Association of Governments, the California Supreme Court held recently that an environmental impact report for a regional transportation plan...more

California Supreme Court Again Considers Climate Change in the Context of CEQA, But Fails to Resolve Important Uncertainties for...

by Downey Brand LLP on

Yesterday, in an opinion authored by Justice Liu, the California Supreme Court ruled that the greenhouse gas analysis in an environmental impact report (“EIR”) prepared for the San Diego Association of Government’s (“SANDAG”)...more

Life After Paris: Global Change at a Local Level

by Best Best & Krieger LLP on

The scientific community largely accepts that the climate is changing, and that there is a “greater than 95 percent” chance that we are the cause. In late 2015, nations around the world gathered in Paris to attempt to combat...more

The California Supreme Court Has a Banner Week, Hearing Argument in Three CEQA and Land Use Cases

by Downey Brand LLP on

On May 3–4, 2017, the California Supreme Court heard oral arguments in three cases with significant implications for California land use law. Below we summarize the main issue(s) argued in each matter and possible outcomes....more

CARB Wins Again on Cap-and-Trade, But Is It Really in Any Danger of Losing?

by Stoel Rives LLP on

As the sands shift on federal climate change policy, California’s cap-and-trade program survives to fight another day. Yesterday, a California Court of Appeal upheld the program because it does not impose a tax subject to...more

California Environmental Law & Policy Update - March 2017 #3

by Allen Matkins on

Environmental and Policy Focus - Trump’s budget proposal slashes EPA funding - Washington Post - Mar 16 - President Trump on Thursday released his budget plan for the next fiscal year, which proposes cutting the...more

Twin Challenges to LCFS Advance in California Courts, With Potential Implications for State’s Overall Climate Stabilization...

by Latham & Watkins LLP on

Two related cases, advancing in parallel, have the potential to upend California’s Low Carbon Fuel Standard (LCFS), whether via full suspension of the LCFS or carving out diesel fuels from the deficit and crediting...more

Slam Dunked! First District Rejects All CEQA And Land Use Challenges To Golden State Warriors Event Center Project And EIR In...

by Miller Starr Regalia on

In a lengthy published opinion filed November 29, 2016, the First District Court of Appeal rejected all legal challenges to the City of San Francisco’s Final Supplemental Environmental Impact Report (FSEIR) and related land...more

Sacramento Residential Infill Project EIR Violated CEQA By Basing Less-Than-Significant Traffic Impact Finding Solely On...

by Miller Starr Regalia on

On November 7, 2016, the Third District Court of Appeal filed a published opinion mostly upholding the EIR for a 48.75-acre, 328-unit residential infill project (known as McKinley Village) against various CEQA challenges, and...more

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

by 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

Legislature Passes Pair of Significant New Climate Change Bills

by Best Best & Krieger LLP on

Gov. Brown Expected to Sign Laws that Will Have CEQA Implications - In the final days of its session, the California Legislature passed two climate change bills that expand existing laws aimed at reducing statewide...more

California Supreme Court Charts New Course For Climate Change Analysis

by Latham & Watkins LLP on

Court endorses significance threshold based on consistency with statewide GHG reduction goals, but nonetheless invalidates State EIR utilizing that threshold. On Monday November 30, 2015, the California Supreme Court...more

Are Regulatory Delays Exacerbating Drought Conditions?

As we enter the fall season, substantial portions of California and the Pacific Northwest are experiencing extreme to exceptional drought conditions. While conditions are better in Texas and other nearby states this year,...more

California's New Climate Era: SB 350 and Beyond

by Morrison & Foerster LLP on

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

California Governor Signs Legislation Establishing Significant New Energy Goals

by Best Best & Krieger LLP on

Law Sets Standards Aimed at Addressing Climate Change - Today, Gov. Jerry Brown signed SB 350 into law, setting two ambitious climate change-related goals: a 50 percent increase in building energy efficiency, and a...more

California Environmental Law & Policy Update - September 2015 #3

by Allen Matkins on

Environmental and Policy Focus - United States, China sign landmark climate change declaration at Los Angeles summit: Courthouse News - Sep 15: U.S. and Chinese leaders on Tuesday signed a landmark declaration on climate...more

California Environmental Law & Policy Update - August 2015 #4

by Allen Matkins on

Environmental and Policy Focus - Federal judge in South Dakota issues eleventh-hour order blocking implementation of EPA/COE’s new definition of 'waters of the United States': The Hill - Aug 27: A federal judge in North...more

California orders aggressive reduction targets for green house gas emissions

by Dentons on

California Governor Jerry Brown has issued a new Executive Order establishing a suite of statewide climate change policies, including one of the most aggressive emission reduction targets ever enacted in North...more

Renewable Energy Update - June 2015 #3

by Allen Matkins on

Renewable Energy Focus - EPA warns of high cost of climate change: New York Times - Jun 22: In the absence of global action to curb greenhouse gas emissions, the United States by the end of the century may face up to...more

California Environmental Law & Policy Update - June 2015

by Allen Matkins on

Environmental and Policy Focus - California Senate approves landmark legislation to combat climate change: San Jose Mercury News - Jun 3: The California Senate on Wednesday approved a sweeping package of climate change...more

Executive Order B-30-15 And CEQA GHG Analysis: Evolving Uncertainty At The Intersection Of Law, Policy And Science

by Miller Starr Regalia on

I recall that Mike Zischke, co-author of CEB’s excellent CEQA treatise, used to be fond of saying the “normal” or “usual rules” for analyzing cumulative impacts should apply to analysis of a project’s greenhouse gas (GHG)...more

CEQA Lawsuit to Enforce Climate Change Mitigation Measure Prevails

by Snell & Wilmer on

On October 29, 2014 the California Court of Appeal affirmed a trial court’s judgment enforcing a mitigation measure adopted by a county in its program environmental impact report (PEIR). As of the date of this blog post,...more

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