On-Demand Webinar | Charting a Course for Offshore Wind Energy in California
[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018
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
The First Appellate District held that the Regents of the University of California failed to comply with CEQA in certifying the project EIR for its student housing project at People’s Park. Make UC a Good Neighbor v. Regents...more
$4.2 million fine upheld for California homeowner’s blocking of beach access - The Mercury News – April 6 - A federal appeals court on Monday upheld a $4.2 million fine against a Malibu homeowner for blocking beach...more
Since his inauguration in January 2018, New Jersey Governor Philip D. Murphy has steadily advanced an aggressive environmental justice agenda. On April 20, 2018, he signed Executive Order No. 23, which directed the New Jersey...more
CARB to Hold Second Public Workshop on Clean Miles Standard to Reduce Greenhouse Gas Emissions Associated with Ride-Sharing Services - On July 17, 2020, the California Air Resources Board (CARB) will hold another public...more
Last month, the Second Appellate District upheld the South Coast Air Quality Management District’s (“Air District”) Environmental Impact Report (“EIR”), which the Air District prepared to analyze the environmental impacts of...more
In a published 2-1 majority opinion filed April 7, 2020, written by Justice Wiley and joined by Presiding Justice Bigelow, the Second District Court of Appeal (Div. 8) affirmed a judgment upholding the EIR for Tesoro’s “Los...more
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
CARB Reports Continued Declines in Greenhouse Gas Emissions - The California Air Resources Board (CARB) is reporting that in 2017, greenhouse gas (GHG) emissions for the state were 424 million metric tons (MMT) of CO2...more
If your company is planning to buy commercial or industrial real estate, it’s probably your standard practice to have a Phase I Environmental Site Assessment (“Phase I”) performed. When you do so, it’s important to ensure the...more
In a unanimous 33-page opinion authored by Justice Ming Chin and issued on December 24, 2018, the California Supreme Court addressed the standard of review for claims challenging the legal sufficiency of an EIR’s discussion...more
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
“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more
In the published portion of an opinion filed September 12, 2016, the Fifth District Court of Appeal reversed the trial court’s order taxing costs in the amount of $44,889.71 which were claimed by prevailing real party in...more
Environmental and Policy Focus - Appellate court temporarily blocks Delta island sale - Sacramento Bee - Jun 7 - The California Third District Court of Appeal on Tuesday granted a temporary stay blocking...more
On October 7, 2015, the California Supreme Court heard oral argument in California Building Industry Association v. Bay Area Air Quality Management District (Supreme Court Case No. S213478), a case which calls into question...more
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
Environmental and Policy Focus: State court may tighten review process for building super-sized homes - SFGate.com - Dec 8: In a case that could redefine the scope of California’s environmental laws, the state Supreme...more
Environmental and Policy Focus: Federal Appeals Court rejects challenge to new highway linking LA and Long Beach - Courthouse News Service - Oct 31: The 9th Circuit Court of Appeals affirmed a district court ruling...more
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
A number of recent legislative and regulatory developments in or related to CEQA will impact public agencies, developers, and practitioners in the coming year. Some significant recent developments include: SB 743...more
Chula Vista Citizens for Jobs and Fair Competition, et al. v. Donna Norris, et al. - Why it matters: With land use issues and development projects increasingly the subject of local ballot initiatives, it is imperative...more
In Citizens Against Airport Pollution v. City of San Jose, No. H038781 (Cal. Ct. App. 6th Dist., June 6, 2014), Citizens Against Airport Pollution (“CAAP”) appealed the trial court’s ruling that the City of San Jose’s...more
In Sierra Club v. County of Fresno (Cal. Ct. App. 5th Dist. May 27, 2014), the Fifth Appellate District found fault with the County of Fresno’s (County) review of the Friant Ranch Project (Project) under the California...more