News & Analysis as of

Permits California Environmental Quality Act

Allen Matkins

Sustainable Development and Land Use Update 5.28.24

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Various state housing bills are currently making their way through the State Legislature that are expected to benefit mixed-income multifamily housing developers. AB 2243 would amend AB 2011. AB 1893 and AB 1886 would amend...more

Sheppard Mullin Richter & Hampton LLP

Conditional Approval is Project Approval: Appellate Court Confirms CEQA Statute of Limitations Triggered by Tentative Map Approval...

Following California Supreme Court and its own case law precedent, the Second District, Division Five, has ruled in Guerrero et al. v. City of Los Angeles (Jan. 17, 2024) (Guerrero), certified for publication, that a CEQA...more

Alston & Bird

Land Use Matters December 2023 - CEQA Appellate Decisions & Other Legal Developments

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City of Los Angeles - The Processes and Procedures Ordinance Becomes Operative January 22, 2024 - The city council adopted the Processes and Procedures Ordinance amending the Los Angeles Municipal Code (LAMC) to...more

Downey Brand LLP

Newly Signed SB 286 Streamlines and Clarifies Permitting Process for Offshore Wind

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In an important step toward meeting California’s goal of producing up to 5,000 MW of offshore wind energy by 2030, Governor Newsom signed Senate Bill (SB) 286 into law on October 7, 2023. Authored by California Senate...more

Nossaman LLP

UPDATE: Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

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UPDATE: On August 23, 2023 the California Supreme Court, sitting en banc, denied Waterkeeper’s petition for review. The Second District Court of Appeal’s ruling therefore remains the governing law....more

Downey Brand LLP

California Infrastructure Plan Passes; Governor’s CEQA and Species Reforms are Narrowed, but Signed into Law

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In June we reported that California Governor Gavin Newsom’s infrastructure permitting and CEQA reform legislation package was mostly dead, with the Legislature finding it too complex for last-minute consideration. But there’s...more

Nossaman LLP

UPDATE: Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

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UPDATE: In response to a request for modification by the State and Regional Water Boards, the Second District Court of Appeal has limited certain aspects of its prior ruling. The primary ask of the State and Regional Water...more

Downey Brand LLP

“It just so happens that [Governor Newsom’s Sweeping New Plan to Accelerate Infrastructure Projects] is only mostly dead.” –...

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Governor Gavin Newsom announced proposed major new infrastructure permitting reforms on May 19, 2023 in an effort to create thousands of jobs and build California’s clean energy future. The eleven-bill package seeks to...more

Nossaman LLP

Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

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In the unpublished decision Los Angeles Waterkeeper v. State Water Resources Control Board, the Second District of the California Court of Appeal considered whether the State and Regional Water Boards have an obligation under...more

Downey Brand LLP

Third Circuit Makes Clear That Lead Agencies and Responsible Agencies Alike Must Make Findings Under CEQA

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On May 11, 2022, the Third District Court of Appeal published its opinion in We Advocate Through Environmental Review v. City of Mount Shasta (2022) 78 Cal.App.5th 629, reversing the decision below and ordering the trial...more

Perkins Coie

Responsible Agency Under CEQA Must Make Express Findings as to Each Potentially Significant Impact Identified in Lead Agency’s EIR

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The Court of Appeal held that the City of Mount Shasta violated CEQA by approving a wastewater permit for a water bottling plant without making specific findings as to each potentially significant impact identified as...more

Downey Brand LLP

Developing Offshore Wind in California – Environmental Permitting and Interconnection Considerations

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The California coast offers significant potential for offshore wind development that can help the state reach its renewable energy goals. Developers of wind energy projects located off the California coast will face a number...more

Perkins Coie

Coastal Commission Must Complete Environmental Review Under Its Certified Regulatory Program Before Approving Permit

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Friends, Artists and Neighbors of Elkhorn Slough v. California Coastal Commission, 2021 WL 5905714 (No. H048088, 6th Dist., December 14, 2021) The court of appeal found that the California Coastal Commission erred by...more

Miller Starr Regalia

Sixth District Holds Coastal Commission’s Post-Approval Analysis of Coastal Development Permit’s Environmental Impacts Violates...

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In an opinion filed November 15, and later ordered published on December 14, 2021, the Sixth District Court of Appeal reaffirmed the basic CEQA principle that required environmental review and analysis must precede project...more

Nossaman LLP

On-Demand Webinar | Charting a Course for Offshore Wind Energy in California

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On May 6, 2021, members of Nossaman’s Coastal Development and Environment & Land Use Groups along with some special guest speakers discussed current proposals and pending regulations concerning offshore wind development along...more

Nossaman LLP

[Webinar] Charting a Course for Offshore Wind Energy in California - May 6th, 11:00 am - 12:30 pm PDT

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Please join members of Nossaman’s Coastal Development and Environment & Land Use Groups on May 6, 2021 from 11:00 a.m. to 12:30 p.m. PT as we present “Charting a Course for Offshore Wind Energy in California” to discuss...more

Alston & Bird

Land Use Matters: January 2021

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We are pleased to once again present Land Use Matters, our publication that provides updates on new CEQA court decisions as well as planning developments for the City of Los Angeles and the County of Los Angeles. We realize...more

Perkins Coie

Completion of Construction Rendered CEQA Challenge Moot

Perkins Coie on

The Third District Court of Appeal held that CEQA and permitting challenges to an expansion project were moot because defendants had already completed construction and did not build the project in violation of any court...more

Miller Starr Regalia

Third District Dismisses Appeal In CEQA Case As Moot Where Plaintiff Failed To Timely Seek Or Obtain Preliminary Injunction And...

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In an opinion originally filed on August 26, and later certified for publication on September 16, 2020, the Third District Court of Appeal dismissed a plaintiff group’s (“Parkford”) appeal from an adverse judgment in a...more

Perkins Coie

County’s Blanket Classification of All Well Permits As Ministerial Under CEQA Was Improper

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Where a county ordinance allowed for exercise of discretion in some circumstances regarding issuance of well construction permits, such permits could not categorically be classified as ministerial and hence exempt from CEQA...more

Holland & Knight LLP

California Supreme Court Declines to Find Permit Regime "Categorically" Discretionary Under CEQA

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In a closely watched case, Protecting Our Water & Environmental Resources v. County of Stanislaus (POWER), Case No. S251708 (Aug. 27, 2020), the California Supreme Court has issued its first significant decision about the...more

Miller Starr Regalia

Supreme Court Holds Stanislaus County Well Permit Decisions Under State Standards Are Neither Categorically Ministerial Nor...

Miller Starr Regalia on

On August 27, 2020, the California Supreme Court filed its unanimous opinion, authored by Justice Corrigan, in Protecting Our Water and Environmental Resources v. County of Stanislaus (2020) ___ Cal.5th ___ (“POWER”). The...more

Miller Starr Regalia

Fourth District Rejects Coastal Act/CEQA-Based Challenges To Commission’s Certification of San Diego Port Plan Amendment As...

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In a 68-page published opinion filed September 27, 2019, the Fourth District Court of Appeal (Div. One) affirmed the trial court’s judgment rejecting a plaintiff group’s numerous challenges to the California Coastal...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - Vol. 4, 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

Nossaman LLP

[Webinar] WOTS Up? An Update Regarding Regulation of Waters of the State (WOTS) and Waters of the United States (WOTUS) - June...

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This complimentary 60-minute webinar is focused on the State Water Resources Control Board's recently adopted State Wetlands Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State, with a...more

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