News & Analysis as of

Environmental Impact Report (EIR)

WaterFix EIR Certification and NOD Client Alert

by Downey Brand LLP on

On Friday, July 21, 2017, the California Department of Water Resources (“DWR”) certified the Environmental Impact Report for the California WaterFix tunnels project and filed a Notice of Determination with the Governor’s...more

California Environmental Law and Policy Update - July 2017 #3

by Allen Matkins on

Environmental and Policy Focus - California Legislature extends state's cap-and-trade program in rare bipartisan effort to address climate change - Los Angeles Times - Jul 17 - California lawmakers voted Monday...more

CEQA News You Can Use - Vol. 2, Issue 2

Welcome to CEQA News You Can Use, a quarterly publication of Brownstein Hyatt Farber Schreck Natural Resources lawyers. This publication is intended to provide quick, useful bites of CEQA news that we hope can be a resource...more

High Court Upholds Long-Term GHG Emissions Analysis, But Warns Agencies to Keep Pace with Regulatory Advancements: Lessons from...

Cleveland National Forest Foundation, et al. v. San Diego Association of Governments (2017) __ Cal. 5th __, Supreme Court Case No., S223603 - Judicial deference to a lead agency’s determination regarding the proper...more

California Supreme Court Reverses Court of Appeal Decision to Invalidate SANDAG's Regional Transportation Plan EIR for its GHG...

by Allen Matkins on

In Cleveland Nat’l Forest Found. v. San Diego Ass’n of Gov’ts (July 13, 2017), the California Supreme Court reversed the Court of Appeal decision regarding the inadequacy of the greenhouse gas (GHG) emissions impacts analysis...more

EIR Need Not Analyze Consistency With GHG Executive Order

Cleveland National Forest Foundation et al. v. San Diego Association of Governments et al. (July 13, 2017, Case No. S223603) - Why it matters: The California Supreme Court upheld the San Diego Association of Governments’...more

Supreme Disappointment: High Court’s Narrow Opinion In SANDAG RTP/SCS EIR Case Offers Little Guidance On CEQA GHG Analysis

by Miller Starr Regalia on

On July 13, 2017, the California Supreme Court rendered a 6-1 decision holding that the San Diego Association of Governments’ (SANDAG) 2011 EIR for its Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS)...more

Lead Agencies Need Not (Necessarily) Consider Governor’s Executive Orders When Analyzing Emissions - California Supreme Court...

by Best Best & Krieger LLP on

In a highly anticipated decision, Cleveland National Forest Foundation v. San Diego Association of Governments, the California Supreme Court held recently that an environmental impact report for a regional transportation plan...more

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

Land Use Matters, Alston & Bird LLP, July 2017

by 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. Please...more

CEQA Review of Cannabis Regulations - Comment Period Opens on Draft Program Environmental Impact Report of MCRSA and AUMA

by Best Best & Krieger LLP on

The California Department of Food and Agriculture recently released its CalCannabis Cultivation Licensing Draft Program Environmental Impact Report. The intent of the PEIR is to conduct environmental review of the regulations...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

Monetizing Vacant Land Through Mitigation Banking

by Sullivan & Worcester on

A mitigation bank is a wetland, stream, or other habitat area that has been restored, established, enhanced, or (in certain circumstances) preserved for the purpose of providing compensation for unavoidable impacts to such...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

First District Holds CEQA Action Can Be Brought Directly Against Local Air District to Challenge “Authority to Construct” Issued...

by Miller Starr Regalia on

In an opinion filed March 23, and belatedly modified and ordered published on May 25, 2017, the First District Court of Appeal reversed the trial court’s dismissal of a plaintiff environmental group’s (“Friends”) CEQA action...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

San Mateo Gardens Teaches College District a Lesson on Picking Thorny Subsequent Review Procedure

by Beveridge & Diamond PC on

The California Supreme Court recently addressed an important California Environmental Quality Act (CEQA) issue: Who decides whether CEQA’s subsequent review provisions are applicable when there are changes to an adopted...more

Ninth Circuit Upholds Forest Service’s Construction of New Roads in Grizzly Bear Habitat

by Nossaman LLP on

On May 17, 2017, the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the District of Montana and upheld the U.S. Forest Service’s (Forest Service) decision to construct 4.7 miles...more

No Surprises Here: First District Applies CEQA Subsequent Review Standards Mandated by Supreme Court on Remand, Again Affirms...

by Miller Starr Regalia on

When all was said and done, it was a case of “same wine, different bottle” for Defendant and Appellant San Mateo Community College District (“District”) after the First District Court of Appeal’s published May 5, 2017...more

Supreme Court of California Ruling Elevates Responsible Agency Role Under CEQA - City's EIR Erred by Failing to Fully Disclose and...

by Holland & Knight LLP on

In Banning Ranch Conservancy v. City of Newport Beach, et al., the Supreme Court of California held that lead agencies need to expressly disclose and consider the jurisdictional claims and regulatory opinions of responsible...more

Land Use Matters: A Publication of Alston & Bird's Land Use Group

by 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. Please...more

Third District Finds that EIR for Residential Development Inadequately Assessed Traffic Impacts

by Downey Brand LLP on

Cities charged with preparing EIRs for proposed projects often look to their general plans and other adopted policies to set thresholds of significance for assessing environmental impacts. A lead agency’s discretion to select...more

Banning Ranch Conservancy v. City of Newport Beach

by Downey Brand LLP on

On March 30, 2017, in the first of at least three CEQA rulings expected this year, the California Supreme Court issued its long-awaited decision in Banning Ranch Conservancy v. City of Newport Beach. In a unanimous opinion...more

First Quarter CEQA Update in Under 60 Seconds

by Stoel Rives LLP on

Okay, maybe slightly longer than 60 seconds. The point being, though, that CEQA case updates really should not read like law school case briefs. Long discussion of the lower court’s findings? No thank you. ...more

California Supreme Court Invalidates EIR for Coastal Mixed-Use Development

by Snell & Wilmer on

The California Supreme Court’s recent decision in Banning Ranch Conservancy v. City of Newport Beach, ___ Cal. 4th ___ (2017) (Case No. S227473, Mar. 30, 2017) serves as a cautionary reminder that–as stated by the Court...more

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