News & Analysis as of

California Environmental Quality Act Environmental Review

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

Sixth District Upholds County Zoning Updates Against Piecemealing Claim, Rejects Challenge to Negative Declaration Based on...

by Downey Brand LLP on

In March 2017, the Sixth Appellate District issued its decision in Aptos Council v. County of Santa Cruz, which rejected a two-pronged challenge to the County of Santa Cruz’s adoption of three zoning ordinances revising...more

First Appellate District Holds that Air Quality Management District’s Issuance of “Authority to Construct” May Be Challenged Under...

by Downey Brand LLP on

On May 25, 2017, the First Appellate District published a modified version of its unpublished March 23, 2017 opinion, holding that the Mendocino County Air Quality Management District’s (“MCAQMD”) issuance of an “Authority to...more

Court Confirms CEQA Analysis of Zoning Amendments Limited to Reasonably Foreseeable Development

The California Court of Appeal for the Sixth Appellate District recently held, in Aptos Council v. County of Santa Cruz, 10 Cal. App. 5th 266 (2017) that environmental review under the California Environmental Quality Act...more

NEPA Victory for Freeway Infrastructure Project in Riverside County - BB&K Team Represents RCTC in Mid County Parkway Project...

by Best Best & Krieger LLP on

Best Best & Krieger LLP environmental attorneys successfully defended a freeway infrastructure project in Riverside County from a series of challenges brought under the National Environmental Policy Act. Partners Michelle...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

West Coast Real Estate Update - April 2017 #1

by Holland & Knight LLP on

San Francisco Ordinance Invalidated in Victory for Landlords - In Coyne v. City and County of San Francisco, No. A145044 (Cal. Ct. App. Mar. 21, 2017), the California Court of Appeal invalidated a San Francisco...more

California Appellate Court Upholds Negative Declaration for County "Up-Zoning" Ordinance - Aptos Council v. County of Santa Cruz...

by Holland & Knight LLP on

Aptos Council v. County of Santa Cruz ruling also clarifies CEQA "Piecemeal" Doctrine - The Sixth District Court of Appeal's recent decision in Aptos Council v. County of Santa Cruz provides useful California...more

California Supreme Court Addresses CEQA Supplemental Review; Rejects “New Project” Test

by Latham & Watkins LLP on

Recent decision resolves appellate split regarding standard of review for agency decision to prepare supplemental environmental review. On September 19, the California Supreme Court held that the substantial evidence...more

California Supreme Court Rejects "New Project" Test for Modifications to Previously Approved Projects

by Allen Matkins on

On September 19, 2016, the California Supreme Court issued its long awaited decision in Friends of the College of San Mateo Gardens v. San Mateo Community College District (Case No. S214061). The Supreme Court held that...more

“New and Improved” is Not Always a Good Slogan Under CEQA

by Beveridge & Diamond PC on

Marketing departments in major corporations love to describe products as “new and improved” in order to convince you that the product is something you need. In many cases though, you already have the product; the new and...more

When Will They Ever Learn? CBD Files Another Questionable Lawsuit Against DOGGR

by Stoel Rives LLP on

On August 3, 2016, the Center for Biological Diversity (“CBD”) filed suit against the California Division of Oil, Gas, and Geothermal Resources (“DOGGR”) and the State Water Resources Control Board (“Water Board”),...more

California Supreme Court Hears Oral Argument in Friends of the College of San Mateo Gardens v. San Mateo County (Case No. S214061)

by Latham & Watkins LLP on

On May 4, 2016, the California Supreme Court heard oral argument in Friends of the College of San Mateo Gardens v. San Mateo County Community College District (Case No. S214061), which addresses the standard of review that...more

California Supreme Court Addresses the Reverse CEQA Problem

by Best Best & Krieger LLP on

CEQA Does Not Require Agencies to Consider the Impact of Existing Conditions on Future Project Users — Except in Certain Circumstances - Under what circumstances, if any, does the California Environmental Quality Act...more

Supreme Court Reaffirms Scope of CEQA Analysis in California Building Industry Association (CBIA) v. Bay Area Air Quality...

On December 17, 2015, a unanimous California Supreme Court reaffirmed that environmental analysis under the California Environmental Quality Act (CEQA) should be concerned with a project's impact on the environment, not the...more

If A Tree Falls In The (Urban) Forest … Does CEQA Apply? Sixth District Holds City Of Santa Cruz’s Amendment Of Tree Protection...

by Miller Starr Regalia on

When California local governments stretch their resources too far to regulate private conduct and property rights in the name of environmental protection, CEQA can make it quite onerous to undo what has been done. And one can...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

CEQA Guidelines Comments: Once In a Generation Chance

by Beveridge & Diamond PC on

The California Environmental Quality Act (CEQA) directs that certain proposed projects undergo environmental review to assess and mitigate significant environmental impacts. The CEQA Guidelines provide procedures and...more

Modernizing the Review Process or Just More Busy Work?

by Best Best & Krieger LLP on

Those who have worked on the permitting and environmental review for a federally funded infrastructure project know the challenges that exist in coordinating with numerous agencies that may have oversight over a project. A...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

CEQA Takes Closer Look at Native American Cultural Resources

by Best Best & Krieger LLP on

Projects statewide will now be subject to further examination to ensure potentially significant impacts to California’s Native American historic, cultural and sacred sites are mitigated. Assembly Bill 52 adds new requirements...more

New Proposals from California Governor: Will CEQA Be Fixed? Or Will it Get More Complex and Unwieldy?

by Alston & Bird on

The California Governor’s Office is seeking input on their proposals to update the CEQA Guidelines by October 12, 2015. They have released a discussion draft – which is a pre-regulatory process to get input on some of the...more

Fourth District Expounds On CEQA’s Responses To Comments Rules – And Abuses of the Process – As Well As Other Issues In Upholding...

by Miller Starr Regalia on

In an opinion filed June 12 and ordered published on July 6, 2015, the Fourth District Court of Appeal affirmed the trial court’s judgment upholding a supplemental EIR (“SEIR 564”) for a long-planned expansion of the James A....more

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

Sacramento Kings – 2, Opponents – 0: Court Rules that the Downtown Arena Satisfies Environmental Review Requirements

by Stoel Rives LLP on

In Saltonstall, et al. v. City of Sacramento, No. C077772 (Cal. Ct. App. 3rd Dist., Feb. 18, 2015), the Third Appellate District affirmed the judgment of the Superior Court in holding that the City of Sacramento did not...more

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