News & Analysis as of

Sierra Club California Environmental Quality Act

Mintz

There is a conflict brewing in CA between environmentalists and environmentalists

Mintz on

Last month, Governor Newsom attempted to turbocharge California's efforts to combat climate change with big infrastructure projects: he proposed a package of no less than eleven bills to speed up the approval of clean energy,...more

Latham & Watkins LLP

California Supreme Court Clarifies Standards for Judicial Review and Air Quality Analyses

Latham & Watkins LLP on

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

Best Best & Krieger LLP

California Supreme Court Addresses Standard of Review for EIRs and Air Quality Impact Analyses - Decision in Sierra Club v. County...

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

Perkins Coie

Court of Appeal Holds that Petition Challenging Wal-Mart Project is Barred by Earlier Lawsuit Raising the Same Issues

Perkins Coie on

The court of appeal held that the plaintiff’s challenge to the City of Rohnert Park’s reapproval of a Wal-Mart grocery store was barred by the doctrine of res judicata because a prior proceeding had raised the same issues. ...more

Miller Starr Regalia

Second General Plan Consistency Challenge to Re-Approval of Wal-Mart Expansion Project Fails on Procedural Grounds

Miller Starr Regalia on

On September 26, 2018, the First District Court of Appeal partially published Atwell v. City of Rohnert Park, __ Cal.App.5th __ (2018) (Case Nos. A151896, A153011), a decision originally filed on September 18, 2018,...more

Brownstein Hyatt Farber Schreck

Climate Mitigation, State Policy and Science “Stayed” in San Diego Court Ruling

On Sept. 14, 2018, the San Diego County Superior Court issued a stay/preliminary injunction preventing any San Diego County (“County”) project requiring an amendment to the County’s General Plan from relying on greenhouse gas...more

Miller Starr Regalia

Supreme Court Denies Depublication Request, Declines To Review CEQA Decision Addressing Discretionary/Ministerial Project Approval...

Miller Starr Regalia on

On July 26, 2017, the California Supreme Court issued its order denying the losing appellants’ (Sierra Club and Center for Biological Diversity) request for depublication of the opinion in Sierra Club v. County of Sonoma...more

Miller Starr Regalia

Sierra Club/CBD Seek Depublication of CEQA Decision Addressing Discretionary/Ministerial Project Approval Distinction

Miller Starr Regalia on

On June 16, 2017 – without seeking either rehearing in the First District Court of Appeal or review by the Supreme Court – losing appellants Sierra Club and Center for Biological Diversity filed a letter asking the Supreme...more

Miller Starr Regalia

First District Holds Sonoma County Vineyard Development (VESCO) Permit was Ministerial Approval Exempt from CEQA

Miller Starr Regalia on

On April 21, 2017, the First District Court of Appeal filed a 22-page published opinion providing significant guidance and analysis concerning the critical, but sometimes elusive, distinction between “discretionary” project...more

Allen Matkins

California Environmental Law & Policy Update - January 2016 #4

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

Miller Starr Regalia

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

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

Stoel Rives LLP

Environmental Challenge Blasts Kern County Oil and Gas Rules

Stoel Rives LLP on

On Thursday, December 10, environmental organizations filed a complaint against Kern County in California Superior Court alleging that the County violated the California Environmental Quality Act (“CEQA”) by preparing a...more

Miller Starr Regalia

Proposed CEQA Guidelines Amendments: A Critique Of OPR’s “Preliminary Discussion Draft” (Part I – Proposed “Efficiency...

Miller Starr Regalia on

On August 11, 2015, the Governor’s Office of Planning and Research (OPR) released a 145-page “Preliminary Discussion Draft” of “Proposed Updates to the CEQA Guidelines” (the “Discussion Draft”). The Discussion Draft “contains...more

Perkins Coie

California Supreme Court Poised To Decide Key CEQA Questions: The Court’s Lineup For 2015

Perkins Coie on

The California Supreme Court’s involvement in CEQA cases has been relatively limited since he statute’s enactment in 1970, with the court taking  review of at most one or two appellate court decisions a year.  The last two...more

Snell & Wilmer

CEQA Lawsuit to Enforce Climate Change Mitigation Measure Prevails

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On October 29, 2014 the California Court of Appeal affirmed a trial court’s judgment enforcing a mitigation measure adopted by a county in its program environmental impact report (PEIR). As of the date of this blog post,...more

Miller Starr Regalia

Supreme Court Adds Another CEQA Case To Its Docket, Will Review Fifth District’s Sierra Club v. County of Fresno (“Friant Ranch”)...

Miller Starr Regalia on

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

Manatt, Phelps & Phillips, LLP

Sierra Club v. County of Fresno

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

Stoel Rives LLP

What's a ROG and Can It Hurt Me? EIR Overturned For Failure to Explain Air Quality Impacts to Human Health

Stoel Rives LLP on

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

Nossaman LLP

Calif. Projects Must Take Health Impacts Into Account

Nossaman LLP on

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

Miller Starr Regalia

Fifth District Decides Significant CEQA Air Quality/Health Impact Analysis and Mitigation Issues In Sierra Club v. County of...

Miller Starr Regalia on

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

Sheppard Mullin Richter & Hampton LLP

EIR Air Quality Analysis Insufficient: Lack of Specificity Regarding Human Health Impacts, Mitigation Measure Enforceability, and...

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

Nossaman LLP

Fifth District Says Show Me the Health Impacts, Not Just the Numbers

Nossaman LLP on

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

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