News & Analysis as of

Environmental Impact Report (EIR) Public Health

BCLP

PFAS Update: Proposed New Legislation Intended to Exempt Certain Industries from PFAS Liability

BCLP on

On May 3, 2023, Cynthia Lummis (R-WY) introduced five bills in the U.S. Senate proposing several PFAS liability exemptions to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”)....more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Clarifies Scope of De Novo and Substantial Evidence Standards Of Review In CEQA Cases

In Sierra Club v. County of Fresno (S219783), the California Supreme Court unanimously reaffirmed that the substantial evidence standard of review does not always apply when a lead agency prepares an environmental impact...more

Latham & Watkins LLP

California Supreme Court Clarifies Standard of Review for EIRs and Requirements for Air Quality Impact Analyses

Latham & Watkins LLP on

CEQA Case Report: Understanding the Judicial Landscape for Development - In a published opinion issued December 24, 2018, Sierra Club v. County of Fresno, Case No. S219783, the California Supreme Court determined that an...more

Perkins Coie

California Supreme Court Sets Standard for Air Quality Impact Analyses Under CEQA

Perkins Coie on

The California Supreme Court has overturned the environmental impact report for a mixed-use development project, holding that the EIR inadequately explained the human health consequences of significant air pollutant emissions...more

Downey Brand LLP

California Supreme Court Requires De Novo Review for EIR Adequacy Challenges and Imposes Heightened EIR Requirements Connecting...

Downey Brand LLP on

In a long-awaited decision, on December 24, 2018 the California Supreme Court in Sierra Club v. County of Fresno (S219783) affirmed, in part, and reversed, in part, the Fifth District Court of Appeal’s decision concerning a...more

Downey Brand LLP

California Supreme Court Hears CEQA Appeal Questioning the Appropriate Legal Standard of Review for EIR Challenges and the Need...

Downey Brand LLP on

On October 2, after waiting over three-and-a-half years, the California Supreme Court finally heard oral arguments in Sierra Club et al. v. County of Fresno et al. (Case No. S219783). This case, which challenges an EIR...more

Holland & Knight LLP

Colorado House Passes Fracking Measure, Supports More Local Input Over Projects

Holland & Knight LLP on

The Colorado legislature took an important step toward solidifying greater community-control leverage over fracking operations via HB18-1071, introduced by State Rep. Joe Salazar (D-Adams) in January 2018. The bill would...more

Farella Braun + Martel LLP

Utility-Scale Battery Storage Systems: Legal Issues and Opportunities

Federal and state government mandates and incentives, combined with technological advances, have dramatically increased renewable energy sources during the past decade. Variable renewable energy sources such as solar and wind...more

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