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Environmental Impact Report (EIR) Environmental Policies

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

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

Courts Must Defer to Agency Determination on Whether a Changed Project is a New Project

by Perkins Coie on

In Friends of the College of San Mateo Gardens v. San Mateo County Community College District (Supreme Court No. S214061, filed Sept. 19, 2016), the California Supreme Court resolved the vexing question of whether a change to...more

California Environmental Law & Policy Update - June 2016 #2

by Allen Matkins on

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

California Environmental Law & Policy Update - May 2016 #4

by Allen Matkins on

Environmental and Policy Focus - Proceeds from cap-and-trade auction fall far short of targets - Los Angeles Times - May 25 - The latest auction in California’s cap-and-trade market for greenhouse gases fell...more

OPR Releases Preliminary Discussion Draft of CEQA Guidelines Amendments for Public Comments

by Allen Matkins on

On August 11, 2015, the Governor's Office of Planning and Research (OPR) released a Preliminary Discussion Draft of Changes to the California Environmental Quality Act (CEQA) Guidelines (Preliminary Discussion Draft). The OPR...more

Is California Really Going to Mandate an 80% Reduction in Greenhouse Gases Below 1990 Levels by 2050?

by Morrison & Foerster LLP on

The California Supreme Court has elevated the stakes even further on what has already developed into a critically important question for the future of greenhouse gas (GHG) regulation in the state. On March 11, 2015, the...more

Fourth District Addresses CEQA Issues Concerning Standing, Mitigation, Baseline, Piecemealing, And Responses To Comments In...

by Miller Starr Regalia on

In a published decision filed October 31, 2014 (Paulek v. California Department of Water Resources (4th Dist., Div. 2, 2014) ___ Cal.App.4th ____, Case No. E060038), the Fourth District Court of Appeal affirmed the Riverside...more

Constitution Pipeline Environmental Impact Statement

by PretiFlaherty on

A 124-mile natural gas transmission pipeline proposed from Pennsylvania to New York has received its final environmental impact statement from federal regulators, finding that while the project would cause some adverse...more

Supreme Court Adds Another CEQA Case To Its Docket, Will Review Fifth District’s Sierra Club v. County of Fresno (“Friant Ranch”)...

by Miller Starr Regalia on

On October 1, 2014, the California Supreme Court granted the Real Party in Interest developer’s petition for review in Sierra Club v. County of Fresno (5th Dist. 2014) 226 Cal.App.4th 704, now unciteable and pending review...more

Fall 2014 CEQA Roundup: Legislative and Regulatory Developments

by Miller Starr Regalia on

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

Update: Comment Period for OPR Rethink of CEQA Guidelines on Transportation Impacts Extended Until November 21, 2014

The Governor’s Office of Planning and Research (OPR) has extended the comment period for its draft of changes to the way that transportation impacts are analyzed under the California Environmental Quality Act (CEQA). The new...more

Real Estate and Land Use - August 2014

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

Environmental Impact Analysis Required for Natural Gas Facilities Clarified in Court Decision Denying Residents’ Challenge to...

by McDermott Will & Emery on

A New York town’s challenge to the Federal Energy Regulatory Commission’s (FERC) siting authorization for a natural gas pipeline compressor station was rejected by the U.S. Court of Appeals for the D.C. Circuit in Minisink...more

Draft CEQA Guidelines Would Dramatically Alter Analysis of Transportation Impacts Under SB 743

by Allen Matkins on

On August 6, 2014, the California Office of Planning and Research issued a new draft guideline that could fundamentally alter the way in which transportation impacts are analyzed for purposes of review under the California...more

Supreme Court Opens Escape Path From CEQA Via Citizens Initiative – Tuolumne Jobs & Small Business Alliance v. Superior Court

Why it matters: Project proponents may avoid CEQA altogether by gathering sufficient voter signatures and then having the local City Council approve the proposed project, without submitting the measure to a vote of the...more

California Supreme Court Holds No CEQA Review Required for a Voter Initiative-Sponsored Ordinance

by Nossaman LLP on

In a relatively short decision, the California Supreme Court held in Tuolumne Jobs & Small Business Alliance v. Superior Court of Tuolumne County (Tuolumne Jobs) that the California Environmental Quality Act (CEQA) does not...more

Decision: Voter-Sponsored Local Land Use Initiatives Not Subject to Environmental Review

by Best Best & Krieger LLP on

The proposed expansion of a Wal-Mart store into a Wal-Mart Supercenter in the City of Tuolumne, Calif. yielded a California Supreme Court decision that says city councils need not comply with CEQA before adopting a...more

Supreme Court Confirms CEQA Exemption for Voter-Sponsored Initiatives

by Stoel Rives LLP on

In Tuolumne Jobs & Small Business Alliance v. Superior Court, No. S207173 (Supreme Court, Aug. 7, 2014), the California Supreme Court ruled that the California Environmental Quality Act (CEQA) does not apply when a lead...more

The California Supreme Court Further Limits the Scope of CEQA Review for Voter-Sponsored Initiatives in Tuolumne Jobs & Small...

by Allen Matkins on

Voter-driven initiatives meeting California Elections Code requirements may be adopted directly by local governments without first conducting a full review under the California Environmental Quality Act ("CEQA"), according to...more

No CEQA Review Required For Initiative Measures, Whether Adopted By City Council Or Voters

The Supreme Court of California has held that CEQA review was not required before the Sonora City Council adopted an initiative measure approving a specific plan for expansion of a Wal-Mart store. The court held that: the...more

California Environmental Law and Policy Update - August 2014 #2

by Allen Matkins on

Environmental and Policy Focus - Appellate court upholds environmental work for high-speed rail via Pacheco Pass: Fresno Bee - Jul 24 -- State appeals justices on Thursday upheld a lower court's approval of an...more

California Supreme Court Holds CEQA Inapplicable To City’s Adoption Of Qualified Voter Initiative Approving Wal-Mart “Supercenter”...

by Miller Starr Regalia on

In a concise 15-page opinion filed August 7, 2014, the California Supreme Court reversed the Fifth District Court of Appeal’s judgment which had held that a city may not adopt a voter-sponsored initiative with potential...more

Whatever the EIR’s Name, CEQA’s Rules For Substantive Content and Subsequent Review Remain The Same: First District Upholds EIR...

by Miller Starr Regalia on

On July 7, 2014, the First District Court of Appeal filed its published opinion affirming the trial court’s judgment upholding the EIR for the Treasure Island/Yerba Buena Island Project. Citizens for a Sustainable Treasure...more

Treasure Island Update: San Francisco EIR Specific Enough

by Stoel Rives LLP on

In Citizens for a Sustainable Treasure Island v. City & County of San Francisco, No. A137828 (Cal. Ct. App. 1st Dist., July 7, 2014), the First Appellate District upheld an environmental impact report (“EIR”) for the...more

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