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[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018
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
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
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
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
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
Editor’s Note: On April 21, 2021, HaystackID shared an educational webcast designed to inform and update legal and data discovery professionals on how organizations can manage public comment responses for environmental impact...more
After reviewing and responding to initial public comments, the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) has issued its revised draft Massachusetts Environmental Policy Act (MEPA) Interim...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
For many mining and infrastructure projects in the United States, a primary cause of permitting uncertainty, expense, and delay is compliance with the environmental review process under the National Environmental Policy Act...more
In another step in President Trump's ongoing efforts to relax environmental restrictions impacting economic development, on January 10, 2020, the Council on Environmental Quality published its proposed rulemaking to update...more
The Trump administration proposed rules intended to speed up approval of major projects subject to the National Environmental Policy Act (NEPA), such as pipelines, power facilities, mines, highways, and other public...more
Agency consideration of climate change curtailed in update to decades-old policy - On January 9, 2020, President Trump’s Council on Environmental Quality (“CEQ”) proposed to “update” the nearly forty-year-old regulations...more
The Council on Environmental Quality (CEQ), a division of the Executive Office of the President, today published in the Federal Register a Notice of Proposed Rulemaking that would make significant changes to its regulations...more
The United States Department of Transportation (“DOT”) published an August 23rd Federal Register Notice announcing the availability of two interim policies for public comment. See 84 Fed. Reg. 44351. ...more
On April 29, 2019, the U.S. Department of Interior, Bureau of Land Management (BLM) released a Draft Supplement Environmental Impact Statement (Draft SEIS) analyzing potential impacts of hydraulic fracturing for future oil &...more
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
The Association of State Wetland Managers, Inc. (“ASWM”) submitted August 17th comments to the Council on Environmental Quality (“CEQ”) addressing an Advanced Notice Of Proposed Rulemaking (“ANPR”) titled: Update to the...more
The Ninth Circuit Court of Appeals (“9th Circuit”) addressed issues associated with two United States Forest Service (“Forest Service”) fire salvage and restoration projects. See Alliance for the Wild Rockies v. Mary...more
On July 19, 2018, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS, and collectively with FWS, the Services) announced several proposed changes to the regulations implementing the...more
As a follow up to a March 14, 2017 legal alert on proposed SEQR amendments, the New York State Department of Environmental Conservation (“DEC”) published a notice of revised rulemaking in the New York State Register on April...more
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
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
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
The dramatic increase in domestic energy production over the past several years has resulted in the involvement of the Federal Energy Regulatory Commission (FERC) in a wide range of interactions with the public and other...more
The Massachusetts Executive Office of Energy and Environmental Affairs (EEA) is accepting public comments on its proposed draft Massachusetts Environmental Policy Act (MEPA) Climate Change Adaptation and Resiliency Policy...more