News & Analysis as of

Climate Change Environmental Impact Report (EIR)

Holland & Knight LLP

Corte Constitucional de Colombia declara exequible estudio de impactos climáticos en el EIA

Holland & Knight LLP on

La Sentencia C-280 de 2024 de la Corte Constitucional de Colombia (la Sentencia) del 11 de julio de 2024, declaró la exequibilidad condicionada del inciso segundo del Artículo 57 de 1993, bajo el entendido de que hay un...more

Jones Day

UK Supreme Court Quashes Planning Permission Due to a Failure to Consider Downstream (Scope 3) Greenhouse Gas Emissions

Jones Day on

The Situation: On June 20, 2024, the UK Supreme Court handed down a landmark decision in R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents) [2024]...more

Bracewell LLP

UK Supreme Court Ruling on Scope 3 Emissions: Have the Floodgates to Climate Change Litigation Fully Opened?

Bracewell LLP on

On 20 June 2024 the UK Supreme Court issued its long awaited decision in R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents) [2024] UKSC 20...more

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – What Else Has Changed?

Nossaman LLP on

This is the fifth in a series of six eAlerts on the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council for Environmental Quality (CEQ). The Final Rule...more

Miller Starr Regalia

CEQA Remedies Go Both Ways:  Fourth District Reverses Judgment Upholding San Diego County Board’s Decision Granting Project...

Miller Starr Regalia on

In an important published opinion filed February 16, 2024, the Fourth District Court of Appeal (Div. 1) held the San Diego County Board of Supervisors committed a prejudicial abuse of discretion in granting project opponents’...more

Foley Hoag LLP - Environmental Law

Each Federal Agency Should Use Its Judgment in Determining the Social Cost of Carbon — How’s That Going to Work Out?

Late last month, the Interagency Working Group on Social Cost of Greenhouse Gases quietly released a three-paragraph memo on how agencies should determine the social cost of greenhouse gas emissions.  I hesitate to call it...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use, December 2023 - Volume 8, Issue 3

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to...more

Jones Day

Environmental Reviews Under NEPA to Include More Thorough Consideration of Climate Change Risks

Jones Day on

Several recent proposals impacting implementation of the National Environmental Policy Act ("NEPA") demonstrate a renewed focus on considering climate change in federal decision-making. In July, the Council on Environmental...more

Miller Starr Regalia

First District Affirms Judgment Upholding UCSF’s EIR for Long-Range Development Plan Substantially Increasing Parnassus Heights...

Miller Starr Regalia on

In a partially published opinion filed September 20, 2023, the First District Court of Appeal (Div. 3) affirmed the Alameda County Superior Court’s judgments denying writ petitions in three partially consolidated CEQA actions...more

Miller Starr Regalia

Third District Affirms Judgment Denying CEQA Writ Petition Challenging Sacramento County’s Approval of Mather South Community...

Miller Starr Regalia on

In a partially published opinion filed on September 7, 2023, the Third District Court of Appeal affirmed a judgment denying a CEQA challenge to Sacramento County’s approval of a mixed-use development project known as the...more

Miller Starr Regalia

CEQA Writ Simple: Fourth District Holds Trial Court Erred In Retaining Continuing Jurisdiction And Not Discharging Peremptory Writ...

Miller Starr Regalia on

In an opinion filed July 19, and ordered published on August 9, 2023, the Fourth District Court of Appeal (Div. 1) reversed a trial court order denying the City of San Diego’s (City) request to discharge a peremptory writ of...more

Foley Hoag LLP - Environmental Law

Montana Youth Plaintiffs Prevail: One-Off or Tidal Wave?

Yesterday, the plaintiffs prevailed in the Montana climate litigation. Time will tell whether the decision will end up being seen as a watershed moment or just a blip. In trying to answer that question, it does seem worth...more

Perkins Coie

EIR for Relicensing of Oroville Dam Adequately Evaluated Environmental Impacts

Perkins Coie on

An environmental impact report need not discuss impacts that are too speculative in nature for proper evaluation or assess economic costs not linked to a physical change in the environment. County of Butte v. Dept. of Water...more

Vinson & Elkins LLP

Science Based Targets Network Releases First Corporate Science-Based Targets for Nature

Vinson & Elkins LLP on

Tackling the challenges presented by climate change cannot be successfully navigated without also considering the dire effects of biodiversity loss. While climate change and the effects of greenhouse gas emissions on our...more

Latham & Watkins LLP

Renewable Energy Projects Face an Ill Wind in Texas

Latham & Watkins LLP on

Proposed legislation would impose new constraints and regulatory obstacles for renewable energy, as conservative responses to ESG-related initiatives continue to morph across the US. The Texas legislature is considering...more

Foley Hoag LLP - Environmental Law

Another NEPA Obstacle To Coal Mining

Last week, Judge Donald Malloy vacated the Environmental Assessment for the Bull Mountains Mine No. 1 in central Montana. Judge Malloy had already vacated the EA once; when the 9th Circuit affirmed Judge Malloy’s decision...more

Downey Brand LLP

Third District Invalidates Water Bottling Facility EIR for Overly Narrow Project Objectives and Failure to Recirculate

Downey Brand LLP on

On April 20, 2022, the Third District Court of Appeal filed its opinion in We Advocate Through Environmental Review v. County of Siskiyou (2022) 78 Cal.App.5th 683, reversing the trial court’s judgment upholding the County’s...more

Foley Hoag LLP - Environmental Law

More About NEPA Reform; It’s Not Just About Renewable Energy

Last month, Oakland Mayor Libby Schaaf wrote to the Federal Highway Administration, stating that Oakland “is suffering from a crippling housing and homelessness crisis.”...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Geological Survey Streamgaging Networks: 89 Organizations/Coalition Letter to United States Congress Supporting...

Eighty-nine organizations (collectively “Coalition”)two sent letters, respectively, to United States Senators Merkley and Murkowski, and Congresswoman Pingree and Congressman Joyce urging their support to enable the U.S....more

Foley Hoag LLP - Environmental Law

The D.C. Circuit Again Requires FERC to Consider the Environmental Impacts of Downstream Use of Gas: How Big a Deal Is It?

Last week, the District of Columbia Court of Appeals again rejected a FERC NEPA review for failure to assess the climate impacts resulting from the downstream use of natural gas supplied by a gas pipeline upgrade project...more

Miller Starr Regalia

First District Affirms Judgment Upholding Statutory CEQA Exemption For Housing Project Consistent With EIR-Reviewed Specific Plan,...

Miller Starr Regalia on

In an opinion filed on December 29, 2021, and later ordered published on January 25, 2022, the First District Court of Appeal (Div. 4) affirmed a judgment upholding the City of Newark’s (City) use of Government Code § 65457’s...more

Perkins Coie

CEQA Year in Review 2021

Perkins Coie on

A Summary of Published Appellate Opinions Under the California Environmental Quality Act - Introduction - The courts issued relatively few published CEQA decisions in 2021, with no California Supreme Court activity and...more

Foley Hoag LLP - Environmental Law

New MEPA Rules Mean Big Changes For Practitioners and Developers

In compliance with the Climate Roadmap Act, the Massachusetts Environmental Policy Act (MEPA) Office has released the final version of its new regulations and two final protocols regarding new MEPA review procedures to...more

Miller Starr Regalia

Fourth District Addresses Numerous Significant CEQA Issues In Action Challenging City of San Diego’s Utility Undergrounding...

Miller Starr Regalia on

In a 53-page published opinion filed October 8, 2021, the Fourth District Court of Appeal mostly affirmed, but reversed in part, a judgment in a CEQA action challenging two sets of projects of the City of San Diego to...more

Miller Starr Regalia

Let’s Get Regional: Third District Holds Olympic Valley Resort Project EIR’s Environmental Setting Description and Analysis...

Miller Starr Regalia on

In an opinion filed on August 24, and certified for partial publication on September 22, 2021, the Third District Court of Appeal reversed a judgment upholding Placer County’s EIR for a 94-acre resort development project in...more

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