News & Analysis as of

Greenhouse Gas Emissions California Environmental Quality Act

California Court of Appeal Strikes Down CARB's Second Review of Low Carbon Fuel Standards - Decision Keeps LCFS Regulations in...

by Holland & Knight LLP on

POET, LLC v. State Air Resources Board (POET II) is the second chapter in the California Air Resources Board's (CARB) troubled history meeting its California Environmental Quality Act (CEQA) compliance obligations while also...more

CARB Violated CEQA and Writ in LCFS Litigation, Holds Fifth District, While Leaving New 2015 Regs in Effect

by Miller Starr Regalia on

In a detailed 66-page published opinion filed April 10, 2017, the Fifth District Court of Appeal reversed the trial court’s order discharging a writ of mandate that was issued to compel the California Air Resources Board...more

Land Use Matters, Alston & Bird LLP, November/December 2016

by Alston & Bird on

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

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

by 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

Slam Dunked! First District Rejects All CEQA And Land Use Challenges To Golden State Warriors Event Center Project And EIR In...

by Miller Starr Regalia on

In a lengthy published opinion filed November 29, 2016, the First District Court of Appeal rejected all legal challenges to the City of San Francisco’s Final Supplemental Environmental Impact Report (FSEIR) and related land...more

CEQA News You Can Use - Vol. 1, Issue 1

Welcome to the first edition of CEQA News You Can Use, a quarterly publication of Brownstein Hyatt Farber Schreck’s Natural Resources lawyers. This resource will provide quick, useful bites of CEQA news that we hope can be a...more

California’s New Climate Change Laws Tighten Limits on GHG, Increase Legislative Oversight of CARB

by Perkins Coie on

California Governor Jerry Brown signed into law last week two controversial anti-climate change bills that will tighten greenhouse gas (GHG) limits by 40% and increase legislative supervision of the California Air Resources...more

Impacts of SB 32 on a Pending California Supreme Court Case – Cleveland National Forest Foundation Case

by Reed Smith on

In addition to establishing the greenhouse gas (“GHG”) emissions reductions goal of 40 percent below 1990 level by 2030, the recent passage of the California Global Warming Solutions Act of 2006: Emissions Limit (“SB 32”) is...more

California Governor Extends CEQA Litigation Streamlining Provisions for Large Projects Promoting Job Creation and Innovative...

by Best Best & Krieger LLP on

Law Will Expedite Schedules for Qualified Projects - On Friday, Gov. Jerry Brown signed into law a bill extending special California Environmental Quality Act litigation streamlining provisions for large,...more

Legislature Passes Pair of Significant New Climate Change Bills

by Best Best & Krieger LLP on

Gov. Brown Expected to Sign Laws that Will Have CEQA Implications - In the final days of its session, the California Legislature passed two climate change bills that expand existing laws aimed at reducing statewide...more

Real Estate and Land Use - August 2016 #3

Supreme Court Clarifies Valuation Rules on Potential for Future Exactions - City of Perris v. Stamper S217738 (Cal. Supreme Court, July 21, 2016) - Why it matters: The California Supreme Court reexamined the rules...more

Holland & Knight SCAG Update Report: CEQA Litigation Abuse Hurts Infill Housing

by Miller Starr Regalia on

Following up on their 2015 report covering all CEQA lawsuits filed during the 2010-2012 period, Holland & Knight lawyers Jennifer Hernandez, David Friedman and Stephanie DeHerrera recently released a portion of the sequel –...more

First District Rejects CEQA Challenge To “Plan Bay Area” Sustainable Communities Strategy EIR As Premised On Fundamental...

by Miller Starr Regalia on

In a 58-page published opinion filed June 30, 2016, the First District Court of Appeal affirmed the Alameda County Superior Court’s judgment upholding the Metropolitan Transportation Commission’s (MTC) and Association of Bay...more

Land Use Matters: Alston & Bird LLP, July 2016

by Alston & Bird on

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

CEQA Remedies Statute Does Not Authorize Appellate Court To Issue Writ And Supervise Compliance On Direct Appeal, Holds Second...

by Miller Starr Regalia on

In the published part of a partially published opinion filed July 11, 2016, the Second Appellate District Court of Appeal held that Public Resources Code § 21168.9 does not authorize an appellate court to issue and supervise...more

Lack of Court Direction Requires Developers and Lenders to Estimate Their Own Significance Thresholds for GHG Emissions Past 2020

by Reed Smith on

This June, the California Supreme Court heard the last set of oral arguments before breaking for the summer. Cleveland National Forest Foundation v. San Diego Association of Governments, 231 Cal.App.4th 1056 (2014)...more

Deficient CEQA Guidelines Appendix F Energy Impacts Analysis Causes First District To Pull The Plug On Ukiah Costco Project EIR

by Miller Starr Regalia on

In a partially published opinion filed June 21, 2016, the Court of Appeal for the First Appellate District reversed in part the Mendocino County Superior Court’s judgment denying a writ petition challenging the City of...more

Fourth District Holds Wal-Mart Victorville Project EIR Violates CEQA; Project Approval Findings Violate Map Act; And Project Is...

by Miller Starr Regalia on

In a decision filed May 25, and belatedly ordered published June 15, 2016, the Fourth District Court of Appeal affirmed and reversed in part a judgment of the San Bernardino County Superior Court. It affirmed the judgment to...more

California Environmental Law & Policy Update - May 2016 #4

by Allen Matkins on

Environmental and Policy Focus - Proceeds from cap-and-trade auction fall far short of targets - Los Angeles Times - May 25 - The latest auction in California’s cap-and-trade market for greenhouse gases fell...more

Energy Sector Alert Series: Hot Topics in California

by WilmerHale on

Important energy issues continue to arise at the intersection of law and policy in California. Here are eight hot topics that require the attention of entities with interests in California's energy sector....more

Updates to CEQA Guidelines for Transportation Impacts Analysis Under SB 743

by Stoel Rives LLP on

On January 20, 2016, the Governor’s Office of Planning and Research (“OPR”) released a revised draft of thresholds for measuring transportation impacts under the California Environmental Quality Act (“CEQA”). These draft...more

OPR Releases Revised Proposed CEQA Guidelines Amendment To Implement SB 743 Traffic Analysis Mandates

by Miller Starr Regalia on

The evolution of CEQA traffic impacts analysis from level of service (LOS) methodology to a vehicle miles traveled (VMT) analysis continues apace. The latest step in this revolutionary paradigm shift was the January 20, 2016...more

California Environmental Law & Policy Update - January 2016 #4

by Allen Matkins on

Environmental and Policy Focus - States ask Supreme Court to block Obama carbon emissions plan - Reuters - Jan 26 - A group of states led by West Virginia and Texas asked the U.S. Supreme Court to stay...more

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

Supreme Engagement: CEQA’s Continuing Saga In California’s High Court

by Miller Starr Regalia on

A new year often brings fresh perspective. With 2016 still in its infancy, it is natural to reflect back on what has been and also to contemplate what is yet to come. The California Supreme Court’s recent CEQA decisions, and...more

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