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[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018
2023 served up roughly the same number of published appellate CEQA cases as 2022 with a defense win percentage of over 80 percent, which has been the case in many, if not all, of the past ten years. A prominent theme of...more
Several recent proposals impacting implementation of the National Environmental Policy Act ("NEPA") demonstrate a renewed focus on considering climate change in federal decision-making. In July, the Council on Environmental...more
In McCann v. City of San Diego (2023) 94 Cal.App.5th 284 (McCann II), the Fourth District Court of Appeal held the trial court exceeded its jurisdiction by failing to discharge a writ of mandate. The writ was issued for the...more
In IBC Business Owners for Sensible Development v. City of Irvine et al. (Feb. 6 2023, Case No. G060850) ___ Cal.App.5th ___, the Fourth District Court of Appeal held that the City of Irvine (“City”) violated CEQA when it...more
The EIR for a bottling plant in Siskiyou County withstood challenges to the project description and impacts analysis, but the EIR’s stated project objectives were unreasonably narrow and the County should have recirculated...more
Montage Healdsburg resort faces $6.4 million fine for construction stormwater-related violations - Bullet The Press-Democrat – September 15 - The developer of the Montage Healdsburg hotel in Sonoma County is facing...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 Trump Administration is proposing significant revisions to the implementing regulations of the National Environmental Policy Act of 1969 (NEPA) in an overhaul effort that the Administration is touting as a “modernization”...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 California Environmental Quality Act (CEQA), codified at Public Resources Code section 21000 et seq., is arguably California’s preeminent and most comprehensive environmental law. Originally published in Riverside...more
The U.S. Court of Appeals for the D.C. Circuit’s recent decision in Sierra Club v. FERC (Southeast Market Pipelines Project), No. 16-1329 (D.C. Cir. 2017), has already had an impact on the natural gas industry and resulted in...more
On August 22, 2017, the United States Court of Appeals for the District of Columbia Circuit issued a ruling that may change the way that the Federal Energy Regulatory Commission (FERC) examines the impacts of greenhouse gas...more
Yesterday, in an opinion authored by Justice Liu, the California Supreme Court ruled that the greenhouse gas analysis in an environmental impact report (“EIR”) prepared for the San Diego Association of Government’s (“SANDAG”)...more
On May 3–4, 2017, the California Supreme Court heard oral arguments in three cases with significant implications for California land use law. Below we summarize the main issue(s) argued in each matter and possible outcomes....more
In a recently published opinion construing Government Code § 65457’s exemption from environmental review for a residential development consistent with a specific plan for which an EIR was previously certified, the First...more