News & Analysis as of

California Environmental Quality Act Public Comment

Downey Brand LLP

Sixth District Upholds City’s Rejection of Proposed Compensatory Mitigation for Demolition of Historic Building

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The Sixth Appellate District, on May 10, 2023, published a decision in Preservation Action Council of San Jose v. City of San Jose (2023) __ Cal.App.5th __ upholding the City of San Jose’s certification of a final...more

Downey Brand LLP

Design Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-Making

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In Save Our Capitol! v. Department of General Services (Jan. 18, 2023, C096617, C096637) __Cal.App.5th__, the Third District Court of Appeal held that the Department of General Services violated CEQA when certain design...more

Nossaman LLP

Draft EIR Released for Delta Conveyance Project

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A key priority of the Newsom Administration – the Delta Conveyance Project – has officially entered its next chapter. On July 22, the Department of Water Resources (DWR) released its draft environmental impact report (Draft...more

Perkins Coie

EIR Recirculation Not Required Where Final Version of Approved Project Was Not Specifically Evaluated in EIR

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The Second District Court of Appeal held that: (1) despite revisions to a mixed-use development project, the project description in the EIR was “accurate, stable, and finite;” (2) an opportunity for public comment on the...more

Miller Starr Regalia

First District Holds EIR’s Analysis of “No Project” Alternative To City of Livermore Residential Development Violated CEQA By...

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In a published decision filed March 30, 2022, the First District Court of Appeal (Division 5) reversed a trial court judgment upholding the reissued final environmental impact report (“RFEIR”) for a 44-single family residence...more

Allen Matkins

California Environmental Law & Policy Update - March 2020 #4

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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

Downey Brand LLP

California’s Proposed Requirements to Reduce Pipeline Spills Will Present New Challenges and Burdens for Industry; Comment...

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On February 14, 2019, the California Office of the State Fire Marshall (“OSFM”) published long awaited draft regulations to reduce the volume of pipeline oil spills in coastal areas. The proposed regulations, which implement...more

Snell & Wilmer

California Appellate Court Confirms That Lay Public Opinion Regarding Potentially Significant Aesthetic Impacts May Be Enough To...

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In an opinion published December 17, 2018, the California Third District Court of Appeal held that lay public opinion commentary regarding a Project’s design and size in a historic district rose to the level of substantial...more

Holland & Knight LLP

California's 2019 Housing Laws: What You Need to Know - Another Wave of New Laws Shifts Housing Processing at the Local Government...

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• After the California Legislature passed a high-profile package of 15 new housing laws in 2017, it has continued to focus on housing laws in 2018 to address the state's epic housing shortage. • As Gov. Jerry Brown winds...more

Downey Brand LLP

For the First Time in Forty Years, White House Council on Environmental Quality Poised to Propose Major Overhaul of its...

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On June 20, 2018, the White House Council on Environmental Quality (CEQ) issued an advanced notice of proposed federal rulemaking, soliciting public comments on whether and how CEQ should update its National Environmental...more

Nossaman LLP

Proposed CEQA Guideline for Highway Projects Promises Flexibility In the Measurement of Traffic Impacts, But Delivers Ambiguity

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In response to material opposition from many of the transportation agencies in the State, the California Natural Resources Agency has proposed to provide transportation agencies with the discretion to determine the metric...more

Holland & Knight LLP

California Court of Appeal Invalidates EIR for Failure to Identify a Project - Agencies Should Pick a Project, Describe It and...

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In the latest round of litigation surrounding the proposed Upper Truckee River Restoration and Golf Course Reconfiguration Project in the South Lake Tahoe area, California's First District Court of Appeal in Washoe Meadows...more

Downey Brand LLP

First Appellate District Rejects Urban Decay Claim, Upholds EIR for New El Dorado County Courthouse

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Since the 2004 decision in Bakersfield Citizens for Local Control v. City of Bakersfield, CEQA petitioners challenging development projects often assert that the lead agency has failed to adequately analyze urban decay...more

Best Best & Krieger LLP

CEQA Compliance for Commercial Cannabis Business Licensing under MAUCRSA - Proposal Open to Comments

The Bureau of Cannabis Control proposes to adopt a Negative Declaration related to its regulatory licensing and enforcement program for commercial cannabis distributors, retailers, testing laboratories, and microbusinesses...more

Holland & Knight LLP

Appellate Court Rejects CEQA Claims on Project Modifications Made After Final EIR Published

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California's Fourth District Court of Appeal has provided useful guidance on processing requirements for environmental review documents prepared under the California Environmental Quality Act (CEQA) when project modifications...more

Allen Matkins

California Environmental Law and Policy Update - October 2014 #4

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Environmental and Policy Focus - Groups sue EPA over failure to reduce air pollution: KPCC - Oct 17: Environmental groups have filed a lawsuit in U.S. District Court in San Francisco against the U.S. Environmental...more

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