News & Analysis as of

Wetlands Environmental Impact Report (EIR)

Downey Brand LLP

Court Finds Site Visits and Reports Taken Before and After Issuance of NOP Adequate for Establishing Biological Resources...

Downey Brand LLP on

In Save North Petaluma River and Wetlands v. City of Petaluma (Nov. 14, 2022, A163192) __Cal.App.4th__ [2022 Cal. App. LEXIS 1009], the First District Court of Appeal held that the City of Petaluma (City) did not violate CEQA...more

Downey Brand LLP

First District Invalidates Garaventa Hills EIR for Improperly Classifying No-Project Alternative of Preserving Residentially-Zoned...

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On March 30, 2022, the First District Court of Appeal published its opinion in Save the Hill Group v. City of Livermore (2022) 76 Cal.App.5th 1092, invalidating an Environmental Impact Report (“EIR”) for the Garaventa Hills...more

Perkins Coie

No Further Environmental Review Needed for Subdivision That Was Consistent with Approved Specific Plan

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The Court of Appeal found that a development project that was consistent with a previously approved specific plan was not required to prepare a new EIR because no changes significantly increased impacts on endangered species....more

Miller Starr Regalia

First District Affirms Judgment Upholding Statutory CEQA Exemption For Housing Project Consistent With EIR-Reviewed Specific Plan,...

Miller Starr Regalia on

In an opinion filed on December 29, 2021, and later ordered published on January 25, 2022, the First District Court of Appeal (Div. 4) affirmed a judgment upholding the City of Newark’s (City) use of Government Code § 65457’s...more

Holland & Knight LLP

MEPA Office Issues Revised Protocols on Climate Change and Environmental Justice: Massachusetts Climate Change Adaptation...

Holland & Knight LLP on

After reviewing and responding to initial public comments, the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) has issued its revised draft Massachusetts Environmental Policy Act (MEPA) Interim...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wetland Mitigation Credits/Government Contract: Federal Appellate Court Addresses Contractor Request for Equitable Adjustment

The United States Court of Appeals (Federal Circuit) (“Appellate Court”) addressed in an August 26th Opinion a dispute regarding certain costs associated with a Federal Highway Administration (“FHA”) road design and...more

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

Perkins Coie on

Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more

Sullivan & Worcester

Monetizing Vacant Land Through Mitigation Banking

Sullivan & Worcester on

A mitigation bank is a wetland, stream, or other habitat area that has been restored, established, enhanced, or (in certain circumstances) preserved for the purpose of providing compensation for unavoidable impacts to such...more

Allen Matkins

California Environmental Law & Policy Update - June 2016 #2

Allen Matkins on

Environmental and Policy Focus - Appellate court temporarily blocks Delta island sale - Sacramento Bee - Jun 7 - The California Third District Court of Appeal on Tuesday granted a temporary stay blocking...more

Allen Matkins

California Environmental Law and Policy Update - October 2014 #4

Allen Matkins on

Environmental and Policy Focus - Groups sue EPA over failure to reduce air pollution: KPCC - Oct 17: Environmental groups have filed a lawsuit in U.S. District Court in San Francisco against the U.S. Environmental...more

Best Best & Krieger LLP

City Not Required to Analyze Impacts of Existing Soil Contamination

In Parker Shattuck Neighbors v. Berkeley City Council, the Court of Appeal determined that impacts from existing soil contamination on a project’s construction workers or future occupants was not an environmental impact under...more

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