News & Analysis as of

Environmental Impact Report (EIR) Bay Area Air Quality Management District

Downey Brand LLP

First Appellate District Upholds Several Aspects of the EIR Prepared for Phillips 66 Efforts to Enhance Recovery of Petroleum...

Downey Brand LLP on

In a March 2018 decision, the First Appellate District examined several CEQA issues pertinent to petroleum refining and hazardous materials transport. In Rodeo Citizens Association v. County of Contra Costa, the appeals court...more

Latham & Watkins LLP

California Court of Appeal Approves Environmental Analysis for Oil Refinery Propane Recovery Project

Latham & Watkins LLP on

Rodeo Citzens Ass’n v. County of Contra Costa, California Court of Appeal, First Appellate District, Division Three, Case No. A151184 (March 20, 2018). CEQA Case Report: Understanding the Judicial Landscape for Development...more

Holland & Knight LLP

California Court Upholds Environmental Impact Report for Golden State Warriors Arena - Ruling Finds That CEQA Doesn't Always...

Holland & Knight LLP on

The California First District Court of Appeals issued its decision on Nov. 29, 2016, in Mission Bay Alliance v. Office of Community Investment and Infrastructure et al. The Court of Appeals decision affirmed the July 18,...more

Miller Starr Regalia

First District Modifies “Reverse CEQA” Case Opinion, Denies BAAQMD’s Petition For Rehearing With No Change In Judgment

Miller Starr Regalia on

On September 9, 2016, the First District Court of Appeal (Division 5) filed an “Order Modifying Opinion and Denying Rehearing [No Change In Judgment]” in California Building Industry Association v. Bay Area Air Quality...more

Latham & Watkins LLP

California Court of Appeal Partially Upholds Air Quality Thresholds of Significance Following State Supreme Court Decision

Latham & Watkins LLP on

In a published decision, following the Supreme Court’s decision in California Building Industry Association v. Bay Area Air Quality Management District (2015) 62 Cal.4th 369, the First District Court of Appeal upheld...more

Miller Starr Regalia

Horse Of A Different Color: CEQA Does Not Require EIR Due To Psychological And Social Impacts From Closure Of Beloved Equestrian...

Miller Starr Regalia on

In a March 4, 2016 published opinion, the Fourth District Court of Appeal reversed the trial court’s judgment requiring an EIR for a small 12-home rural subdivision project based on the “psychological and social” impacts of...more

Katten Muchin Rosenman LLP

What Two Recent California Supreme Court Rulings Mean for Analysis of Environmental Impact at Project Sites and Greenhouse Gas...

The California Supreme Court recently issued two important decisions involving the interpretation of the California Environmental Quality Act (CEQA). The first finds that agencies generally are not required to evaluate the...more

Farella Braun + Martel LLP

California Supreme Court Rejects CEQA Guideline Requiring Analysis of the Existing Environment’s Impacts on a Proposed Project

A unanimous California Supreme Court has held that the California Environmental Quality Act (CEQA) generally does not require an analysis of how existing environmental conditions will impact a project’s future users or...more

Pillsbury Winthrop Shaw Pittman LLP

“Reverse CEQA” Reversed: California Supreme Court Rejects CEQA Analysis of Impacts of the Environment on the Project

In California Building Industry Association v. Bay Area Air Quality Management District (December 17, 2015) (Case No. S213478) (CBIA v. BAAQMD), the California Supreme Court rejected a requirement for so-called “reverse CEQA”...more

Allen Matkins

California Supreme Court Rejects Mandatory "Reverse CEQA" Analysis

Allen Matkins on

The California Supreme Court issued its long awaited opinion on December 17, 2015, in California Building Industry Association v. Bay Area Air Quality Management District (CBIA v. BAAQMD), commonly referred to as the "Reverse...more

Nossaman LLP

Worth the Wait? The California Supreme Court Rules that CEQA Does Not Require An Analysis of the Environment's Impacts on a...

Nossaman LLP on

On December 17, 2015, the California Supreme Court issued its long-awaited decision in California Building Industry Association v. Bay Area Air Quality Management District (No. S213478). The sole question before the Court...more

Miller Starr Regalia

California Supreme Court Holds “CEQA-In-Reverse” Is Not The Norm, Reverses And Remands First District’s Judgment In CBIA v. BAAQMD

Miller Starr Regalia on

In a unanimous 24-page opinion authored by newly seated Justice Cuellar and filed December 17, 2015, the California Supreme Court resolved a fundamental issue regarding CEQA’s scope, holding that – with certain specific...more

Allen Matkins

California Environmental Law & Policy Update - December 2015

Allen Matkins on

Environmental and Policy Focus: California high court deals blow to Newhall Ranch development project in Los Angeles County - KPCC: - Nov 30 The California Supreme Court on Monday rejected the environmental...more

Latham & Watkins LLP

California Supreme Court Hears Oral Argument in Case Challenging 2010 Bay Area Air Quality Management District Air Quality...

Latham & Watkins LLP on

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

Miller Starr Regalia

Proposed CEQA Guidelines Amendments: A Critique Of OPR’s “Preliminary Discussion Draft” (Part I – Proposed “Efficiency...

Miller Starr Regalia on

On August 11, 2015, the Governor’s Office of Planning and Research (OPR) released a 145-page “Preliminary Discussion Draft” of “Proposed Updates to the CEQA Guidelines” (the “Discussion Draft”). The Discussion Draft “contains...more

Perkins Coie

California Supreme Court Sets Oral Argument in Key CEQA Case

Perkins Coie on

The California Supreme Court has announced that the oral argument in California Building Industry Association v. Bay Area Air Quality Management District will take place on October 7, 2015, in San Francisco. The CBIA case...more

Allen Matkins

California Environmental Law & Policy Update - August 2015

Allen Matkins on

Environmental and Policy Focus: Coastkeeper's suit against water agency dismissed - San Diego Union-Tribune - Jul 31: A San Diego superior court judge ruled against an environmental group on July 30, rejecting its...more

Perkins Coie

California Supreme Court Poised To Decide Key CEQA Questions: The Court’s Lineup For 2015

Perkins Coie on

The California Supreme Court’s involvement in CEQA cases has been relatively limited since he statute’s enactment in 1970, with the court taking  review of at most one or two appellate court decisions a year.  The last two...more

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