News & Analysis as of

California Environmental Quality Act Greenhouse Gas Emissions Air Pollution

Nossaman LLP

California Appellate Court Upholds CEQA Greenhouse Gas Emissions Methodology

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A recent court decision provides guidance to lead agencies seeking to comply with CEQA requirements related to greenhouse gas (GHG) emissions. In Tsakopoulos Investments, LLC v. County of Sacramento, the Third District Court...more

Coblentz Patch Duffy & Bass

Bay Area Air Quality Management District Updates CEQA Thresholds for Greenhouse Gas Impacts

On April 20, 2022, the Bay Area Air Quality Management District (BAAQMD) adopted new recommended thresholds for determining the significance of individual projects’ greenhouse gas impacts under the California Environmental...more

Sheppard Mullin Richter & Hampton LLP

SB 288: Sustainable Transportation and the “Road to Recovery” for Post-COVID Air Pollution and Unemployment Concerns

At the end of the 2020 legislative session, California Governor Newsom signed Senate Bill 288 (Wiener) (SB 288) into law. SB 288, amends the California Environmental Quality Act (CEQA), streamlining the environmental review...more

Allen Matkins

California Environmental Law & Policy Update - March 2020 #4

Allen Matkins on

A Note to Our Readers: Although the coronavirus and its many disruptions are dominating the news, we will continue to publish the California Environmental Law and Policy Update so long as there are newsworthy developments in...more

Perkins Coie

Power Plant EIR Defeated By Inadequate Responses to Commenters’ Proposed Mitigation Measures

Perkins Coie on

An EIR that did not squarely respond to detailed comments recommending additional mitigation measures has been held not to comply with CEQA. Covington v. Greater Basin., 3d Dist. Court of Appeal Case No. C080342 (certified...more

Perkins Coie

New Regulations for Assessing Transportation Impacts Under CEQA Finalized

Perkins Coie on

The California Natural Resources Agency has adopted new CEQA Guidelines that will leave behind level of service in favor of vehicle miles traveled. Following years of development and public comment, the Office of Planning...more

Nossaman LLP

Greenhouse Gas Emissions Analysis: Court Finds Expert State Agency Data Not Good Enough

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On September 28, 2018, the Fourth District Court of Appeal in Golden Door Properties, LLC v. County of San Diego (“Golden Door”) invalidated the County of San Diego’s recommended efficiency metric for analyzing the...more

Perkins Coie

Air Resources Board’s Regulatory Relief For Small Truck Fleets Violated CEQA

Perkins Coie on

A court of appeal has held that the California Air Resources Board violated CEQA when it issued a “regulatory advisory” notifying small trucking operations that they need not meet ARB’s regulatory deadline for retrofitting...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

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - December 2014

San Diego Regional Sustainable Strategies Plan Invalidated; SANDAG Has Requested Supreme Court Review - Cleveland National Forest Foundation et al. v. San Diego Association of Governments (November 24, 2014) Fourth...more

Sheppard Mullin Richter & Hampton LLP

County of San Diego’s Adopted Climate Action Plan Violates CEQA: Fails to Include Enforceable GHG Reduction Measures

Sierra Club v. County of San Diego (10/29/14, D064243) - On October 29, 2014, the Fourth District California Court of Appeal unanimously affirmed the trial court’s decision in favor of Sierra Club, agreeing that the...more

Allen Matkins

California Environmental Law and Policy Update - November 2014 #4

Allen Matkins on

Environmental and Policy Focus: Coastal California residents using far less water - Associated Press - Nov 4: Residents in coastal communities use far less water than their inland counterparts, but still find ways to...more

Miller Starr Regalia

Third District Holds CEQA Analysis of GHG Emissions Was Inadequately Quantified To Support EIR’s Mitigation Conclusion in Friends...

Miller Starr Regalia on

In a partially published opinion filed August 19, 2013, the Third District Court of Appeal reversed a judgment denying a writ petition challenging a Wal-Mart Supercenter that would replace an existing Wal-Mart store....more

Stoel Rives LLP

Appellate Court Finds BAAQMD CEQA Significance Thresholds Did Not Violate CEQA

Stoel Rives LLP on

Greenhouse Gas and Toxic Air Contaminant CEQA Thresholds May Soon Be Reinstated - In California Building Industry Association v. Bay Area Air Quality Management District (filed August 13, 2013) (“CBIA”) , the First...more

Pillsbury Winthrop Shaw Pittman LLP

Bay Area Air District’s Significance Thresholds Reinstated: No CEQA Review for CEQA Review Thresholds

A new appellate decision reinstates the Bay Area Air Quality Management District’s controversial “significance thresholds” for evaluating air quality impacts under the California Environmental Quality Act. ...more

Best Best & Krieger LLP

Court of Appeal Rules Setting Thresholds is Not a "Project" Under CEQA - Air District’s CEQA Thresholds for Greenhouse Gases...

Yesterday, the Court of Appeal for the First District issued its ruling in California Building Industry Association v. Bay Area Air Quality Management District. In a win for public agencies, the court held that establishing...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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