News & Analysis as of

Environmental Impact Report (EIR) Wildfires

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Personal Jurisdiction and Forest Fires

This week, the Ninth Circuit considers personal jurisdiction in a trademark declaratory judgment action and assesses an agency’s decision to omit an environmental-impact statement in connection with a forest-fire-management...more

Downey Brand LLP

UC Regents Prevails Against Dueling Challenges to Fuels Management Plan Designed to Reduce Wildfire Risk in the Berkeley Hills

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In Claremont Canyon Conservancy v. Regents of the University of California, two organizations, the Claremont Canyon Conservancy and the Hills Conservation Network, filed petitions for writ of mandate challenging the adequacy...more

Miller Starr Regalia

Missing the Forest For the Trees: First District Reverses Trial Court, Upholds Project Description And Impact Analysis In Regents’...

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In a published opinion filed June 9, 2023, the First District Court of Appeal (Div. 3) reversed the trial court’s judgment granting a writ of mandate in consolidated CEQA actions and upheld the adequacy of the UC Regents’ EIR...more

Latham & Watkins LLP

2022 CEQA Year in Review: Understanding the Judicial Landscape for Development

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Public agencies prevailed in 71% of decisions involving the California Environmental Quality Act in 2022. Latham lawyers tracked key developments in California Environmental Quality Act (CEQA) case law throughout 2022....more

Miller Starr Regalia

Third District Rejects CEQA Challenges To El Dorado Irrigation District Ditch Piping Project, Holds EIR’s Project Description And...

Miller Starr Regalia on

In an opinion filed January 28, and later certified for publication on February 16, 2022, the Third District Court of Appeal affirmed a judgment denying a petition for writ of mandate that challenged on CEQA grounds the El...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - Vol. 6, Issue 2

Welcome to CEQA News You Can Use, a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your...more

Downey Brand LLP

Residents’ Comments About Existing Fire Hazards Do Not Constitute Substantial Evidence of a New Project’s Impacts Under CEQA

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In June 2021, the Third District Court of Appeal upheld the County of El Dorado’s (“County”) mitigated negative declaration (“MND”) for a bridge construction project against complaints that the project’s construction would...more

Perkins Coie

Evidence About Existing Wildfire Hazards Near a Project Does Not Require an EIR

Perkins Coie on

Evidence about past wildfires and the risk of future wildfires impacting residents near a proposed project does not require the lead agency to prepare an environmental impact report unless there is substantial evidence...more

Allen Matkins

California Environmental Law & Policy Update - February 2021

Allen Matkins on

DOJ to let companies pay for environmental projects again to reduce fines - The Hill – February 5 - The Department of Justice (DOJ) has eliminated nine Trump-era directives on environmental law enforcement, including...more

Farella Braun + Martel LLP

Changing Climate, Changing Laws: Addressing New Wildfire Risk Requirements in Project Development

In this op-ed for pv magazine, David Lazerwitz and Linda Sobczynski of Farella Braun + Martel examine the levels of precaution necessary to ensure fire risk mitigation in project development. Originally published in...more

Farella Braun + Martel LLP

Changing Climate, Changing Laws: Addressing CEQA’s New Wildfire Risk Requirements in Project Development

Wildfires pose an increasingly serious threat to the public and environment in California. So it should be no surprise that the Governor’s Office of Planning and Research (OPR) amended Appendix G of California Environmental...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Endangered Species Act/National Environmental Policy Act: Federal Appellate Court Addresses Challenge to Forest Service Post -...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a November 29th Opinion National Environmental Policy Act (“NEPA”) and Endangered Species Act (“ESA”) challenges to post-fire projects...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Reforestation Project/National Environmental Policy Act: Federal Appellate Court Addresses Environmental Assessment /EIS Issues

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

Best Best & Krieger LLP

[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018

This BB&K webinar provides a brief review of the latest developments in CEQA compliance. This webinar addresses both new CEQA statutory and regulatory requirements, and also discusses recent case law interpretations affecting...more

Nossaman LLP

Court Enjoins "Salvage Harvest" Project In Area Scorched By The Mill Fire

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In 2012, the Mill Fire burned almost 30,000 acres in California, destroying large areas of forest, including threatened Northern spotted owl (Strix occidentalis caurina) habitat. Even after the Mill Fire was finally snuffed...more

Nossaman LLP

Ninth Circuit Declines to Apply EIS Requirements to an EA

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On September 20, 2012, the Ninth Circuit rejected a challenge mounted under both NFMA and NEPA to the validity of the Angora Fire Restoration Project. See Earth Island Institute v. U.S. Forest Service, No. 11-16718, slip op....more

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