The Sierra Club decision affects both the preparation of EIRs and judicial review of agency decisions certifying EIRs. Key Points: ..An environmental impact report’s (EIR) discussion of potential environmental impacts...more
In a highly anticipated decision, the California Supreme Court found in Sierra Club v. County of Fresno that the environmental impact report was inadequate because it failed to sufficiently connect the project’s air quality...more
On October 1, 2014, the California Supreme Court granted the Real Party in Interest developer’s petition for review in Sierra Club v. County of Fresno (5th Dist. 2014) 226 Cal.App.4th 704, now unciteable and pending review...more
Why it matters: The court refined its previous test for air quality impacts analysis under CEQA, and required recirculation of an EIR due to its failure to specifically analyze the impacts on human health resulting from the...more
National Environmental Policy Act (“NEPA”) challenges to pipeline projects and other natural gas infrastructure have become a commonplace tool in recent years for environmental groups seeking to defeat or delay midstream...more
In Sierra Club v. County of Fresno (Cal. Ct. App. 5th Dist. May 27, 2014), the Fifth Appellate District found fault with the County of Fresno’s (County) review of the Friant Ranch Project (Project) under the California...more
In Sierra Club v. County of Fresno, a decision that will likely impact projects across California, the Court of Appeal for the Fifth Appellate District issued its second major California Environmental Quality Act ("CEQA")...more
In a lengthy and scholastic published opinion filed May 27, 2014, the Fifth District Court of Appeal reversed and remanded the trial court’s decision, which had upheld the EIR and other approvals (including a General Plan...more
Faced with an appeal of the Superior Court of Fresno’s approval of a controversial Environmental Impact Report, the Fifth District Court of Appeal reversed and found that the challenged EIR violated the California...more
In a decision that will likely impact projects all across the state, the Court of Appeal for the Fifth Appellate District issued its second major CEQA decision of the year, finding that when a project will result in pollutant...more