News & Analysis as of

Permits Environmental Impact Report (EIR) Environmental Review

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

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

Second District Holds CEQA Does Not Apply to San Luis Obispo County’s Issuance of Well Construction Permits Under Its Ministerial...

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In an opinion filed June 28, and later ordered published on July 27, 2018, the Second District Court of Appeal (Div. 6) affirmed the trial court’s judgment dismissing on demurrer a writ petition seeking to compel the County...more

Farella Braun + Martel LLP

Trump Administration Continues Project Permitting Streamlining Efforts

The White House’s Council on Environmental Quality (CEQ) announced on June 20, 2018 that it is considering updating its regulations implementing the National Environmental Policy Act (NEPA). Specifically, the CEQ issued an...more

Clark Hill PLC

Streamlining Federal Environmental Reviews for Infrastructure Projects: Real Change is Coming

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In recent actions, the Trump Administration reinforced its commitment to making significant changes in the way federal environmental reviews and authorizations are managed for infrastructure projects. As discussed in a...more

Perkins Coie

Executive Order Aims to Speed Up Environmental Reviews of Infrastructure Projects

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President Donald J. Trump issued Executive Order 13807, on August 15, 2017, which is intended to accelerate the environmental review and permitting for infrastructure projects that require an environmental impact statement...more

Downey Brand LLP

First Appellate District Holds that Air Quality Management District’s Issuance of “Authority to Construct” May Be Challenged Under...

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On May 25, 2017, the First Appellate District published a modified version of its unpublished March 23, 2017 opinion, holding that the Mendocino County Air Quality Management District’s (“MCAQMD”) issuance of an “Authority to...more

Downey Brand LLP

The California Supreme Court Has a Banner Week, Hearing Argument in Three CEQA and Land Use Cases

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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

Manatt, Phelps & Phillips, LLP

Are Regulatory Delays Exacerbating Drought Conditions?

As we enter the fall season, substantial portions of California and the Pacific Northwest are experiencing extreme to exceptional drought conditions. While conditions are better in Texas and other nearby states this year,...more

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