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California Environmental Quality Act Environmental Assessments

Allen Matkins

Governor Newsom Approves Key Housing Bill: AB 2243

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On September 19, 2024, Governor Gavin Newsom approved Assembly Bill (AB) 2243 (Wicks), which amends AB 2011 (Affordable Housing and High Road Jobs Act of 2022), effective January 1, 2025. As explained in our prior legal...more

Venable LLP

NEPA Amendments: Highlights and Practical Implications

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The Fiscal Responsibility Act of 2023 most notably raised the debt ceiling. But the legislation also made substantive changes to the National Environmental Policy Act (NEPA), with an eye toward simplifying and streamlining...more

Sheppard Mullin Richter & Hampton LLP

Sustainable Communities Environmental Assessment Upheld Under CEQA

In Sacramentans for Fair Planning v. City of Sacramento (2019) ___ Cal.App. 5th ___, the Third District Court of Appeal upheld the City of Sacramento’s use of a sustainable communities environmental assessment (“SCEA”)...more

Holland & Knight LLP

California Court Issues First Decision Addressing SCEA Environmental Review

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• Sacramentans for Fair Planning v. City of Sacramento is a case of first impression holding that cities and counties may continue to rely on the streamlined environmental review under the California Environmental Quality Act...more

Best Best & Krieger LLP

Groundwater Extraction Permits Not Subject to CEQA in San Luis Obispo County - Approval is a Ministerial Action, not subject to...

While California’s drought state-of-emergency has been lifted, legal battles aimed at limiting groundwater extractions linger....more

Perkins Coie

Court May Order Partial Decertification And Leave Approvals In Place After Finding EIR Legally Inadequate

Perkins Coie on

In Center for Biological Diversity et al. v. California Department of Fish and Wildlife, 17 Cal. App.5th 1245 (2017) the court of appeal held a court order that requires partial decertification of an Environmental Impact...more

Perkins Coie

Failure To Identify Preferred Alternative Dooms EIR

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A draft EIR that studies five very different project alternatives without identifying a preferred alternative violates CEQA by failing to provide the public with a stable project to review, the court of appeal held in Washoe...more

Best Best & Krieger LLP

Mid County Parkway Freeway Infrastructure Project Prevails for Second Time - BB&K Attorneys Represent RCTC; Defeat Environmental...

For the second time, a judge has sided with Best Best & Krieger LLP environmental attorneys in a dispute over a freeway infrastructure project in Riverside County. A CEQA challenge to the project was dismissed by a Riverside...more

Miller Starr Regalia

Fourth District Holds Substantial Evidence Supports City of San Diego’s Rejection of MND and Denial of Minor Residential...

Miller Starr Regalia on

In a short opinion filed May 17, 2017, and belatedly ordered published (for unknown reasons) just six days later, the Fourth District Court of Appeal reversed the trial court’s judgment granting a writ of mandate that set...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...

Downey Brand LLP on

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

Alston & Bird

Land Use Matters, Alston & Bird LLP, November/December 2016

Alston & Bird on

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. ...more

Nossaman LLP

California Supreme Court Upholds Right of Entry Statutes, but "Reforms" them to Comply with Constitution

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When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. ...more

Holland & Knight LLP

Practical Recommendations for Implementing California Supreme Court's Latest CEQA Decision - Court: CEQA Does Not Generally...

Holland & Knight LLP on

In California Building Industry Association (CBIA) v. Bay Area Air Quality Management District (BAAQMD), the California Supreme Court held that the California Environmental Quality Act (CEQA) generally does not require...more

Perkins Coie

CEQA Year In Review 2015

Perkins Coie on

In 2015 the California appellate courts continued to chart new ground as they grappled with some of CEQA’s most difficult and controversial questions. The Supreme Court of California led the way, issuing four opinions on...more

Sheppard Mullin Richter & Hampton LLP

Changing Protected Status of Land Requires CEQA Compliance

In Paulek v. Western Riverside County Regional Conservation Authority, the California Court of Appeals, Fourth District, held that removal of the protected status from a parcel of land still needs to comply with the...more

Manatt, Phelps & Phillips, LLP

Emergency Work Can Modify a Project’s Environmental Baseline

CREED-21 v. City of San Diego (2015) 234 Cal.App.4th 488 - Why It Matters: This decision provides an important clarification of what constitutes the “environmental baseline” under the California Environmental Quality Act...more

Sheppard Mullin Richter & Hampton LLP

CEQA “Common Sense” Exemption Upheld; Environmental Baseline for Project Following Improvements Pursuant to an Emergency Exemption...

CREED-21 v. City of San Diego (2/18/2015, 4th Civil No. D064186) - The Fourth District Court of Appeal upheld a CEQA exemption related to the City of San Diego’s approval of a project comprising emergency storm drainage...more

Miller Starr Regalia

Third District Rejects CEQA Challenge To Program EIR For California Department of Fish and Wildlife’s Statewide Fish...

Miller Starr Regalia on

In a lengthy published decision filed February 10, 2015, and addressing consolidated appeals in three related actions, the Third District Court of Appeal affirmed the trial court’s judgment rejecting petitioner and appellant...more

Nossaman LLP

Fifth District Says Show Me the Health Impacts, Not Just the Numbers

Nossaman LLP on

In a decision that will likely impact projects all across the state, the Court of Appeal for the Fifth Appellate District issued its second major CEQA decision of the year, finding that when a project will result in pollutant...more

Sheppard Mullin Richter & Hampton LLP

Developer-Prepared Cost Comparisons Can Show Economic Infeasibility Under CEQA

SPRAWLDEF et al. v. San Francisco Bay Conservation and Development Commission et al., (Waste Connections, Inc.) (1st Dist., Div. 1, 4/29/2014, A137619), ___Cal.App.1st, 05/28/2014 In a precedent-setting decision, the...more

Allen Matkins

California Environmental Law and Policy Update - May 2014

Allen Matkins on

Environmental and Policy Focus - New high-speed train route approved despite 'unavoidable' effects in Valley: The Fresno Bee - May 12: The California High-Speed Rail Authority approved a section of rail line from...more

Miller Starr Regalia

New CEQA Standing Reform Bill (SB 1451) Proposes Positive Changes That Would Reduce “Late Hit” Document Dumps And Extend...

Miller Starr Regalia on

A CEQA reform bill (SB 1451) introduced and authored by seven (7) Democrats (Senators Correa, Galgiani, Hill, Hueso, Roth, and Steinberg, and Assembly Member Mullin) would amend Public Resources Code § 21177 to heighten...more

Miller Starr Regalia

High Court Tackles CEQA Future Baselines In Neighbors For Smart Rail Decision

Miller Starr Regalia on

In a much-anticipated decision filed August 5, 2013, the California Supreme Court held that CEQA requires a lead agency to assess a project’s environmental impacts against an “existing conditions” baseline – and consequently...more

Sheppard Mullin Richter & Hampton LLP

Unusual Circumstances: California Supreme Court Upholds Limited Use of Future Conditions Baseline Under CEQA

On August 5, 2013, the California Supreme Court issued a split decision in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, et al. The court held that a lead agency may choose to avoid using an...more

Stoel Rives LLP

CEQA Baseline Analysis: Future Conditions Baseline Should Be The Exception Not The Rule When Agency Reviews Environmental Impacts,...

Stoel Rives LLP on

In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (filed August 5, 2013) (“Neighbors”), a majority of the California Supreme Court justices announced a new rule regarding the baseline agencies may...more

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