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California Court of Appeal Agrees Two Activities Constitute One CEQA Project

CEQA Case Report: Understanding the Judicial Landscape for Development - In a published decision issued June 12, 2018, County of Ventura v. City of Moorpark, Case No. B282466, the California Court of Appeal rejected part...more

California Court of Appeal Dismisses Time-Barred Challenge to Development Phase

CEQA Case Report: Understanding the Judicial Landscape for Development - In an unpublished opinion issued October 22, 2018, Tennis Club Preservation Society v. City of Palm Springs, Case No. E068896, the California Court...more

California Court of Appeal Upholds Noise Analysis in Negative Declaration

CEQA Case Report: Understanding the Judicial Landscape for Development - In a published opinion issued May 1, 2018, Jensen v. City of Santa Rosa, Case. No. SCV255347, the California Court of Appeal affirmed the trial...more

California Appeals Court Determines Threshold and Scope for EIR Requirement

CEQA Case Report: Understanding the Judicial Landscape for Development - In an unpublished opinion issued May 31, 2018, Save Adelaida v. County of San Luis Obispo, Case No. B279285, the California Court of Appeal...more

Agencies Consider 16 Key Reforms to the Endangered Species Act Regulations

FWS and NMFS propose significant changes to the Endangered Species Act regulations as part of the Trump administration’s regulatory reform agenda. Key Points: The three proposed rules would: ..Amend parts of the...more

California Appeals Court Dismisses As Moot Litigant’s Challenge to Planned Development Approval

CEQA Case Report: Understanding the Judicial Landscape for Development - In an unpublished opinion issued February 20, 2018, Advocates for Better Cmty. Dev. v. City of Palm Springs, Case No. E066193, the California Court...more

CEQA Case Report Year in Review 2017: Understanding the Judicial Landscape for Development

California higher courts rule in favor of public agencies on small majority of environmental impact report cases. Over the course of 2017, Latham lawyers reviewed all 46 California Environmental Quality Act (CEQA) cases,...more

California Court of Appeal Finds EIR’s Air Quality Analysis Deficient

CEQA Case Report: Understanding the Judicial Landscape for Development In a partially published opinion issued January 12, 2018, City of Long Beach v. City of Los Angeles, the California Court of Appeal affirmed in part...more

BLM Begins Scoping Process to Consider Amendments to Desert Renewable Energy Conservation Plan

DRECP under review in an effort to alleviate burdens on energy development. The Bureau of Land Management (BLM) recently issued a notice of intent to review the Desert Renewable Energy Conservation Plan (DRECP) for...more

Interior Department Excludes Incidental Take Liability Under the Migratory Bird Treaty Act

Reversing a long-standing federal legal position, the US Interior Department recently stated that the Migratory Bird Treaty Act (MBTA) does not impose liability for the incidental take of protected birds. The 41-page...more

BLM Moves Forward with Phase I of Desert Renewable Energy Conservation Plan

Phase I of the Desert Renewable Energy Conservation Plan (DRECP) has now been approved, paving the way for streamlined permitting and environmental review of qualified renewable energy projects on Bureau of Land Management...more

DRECP Agencies Announce Phase I Updates

Phase I of the Desert Renewable Energy Conservation Plan (“DRECP”) is underway on the 9.8 million acres of public land managed by the Bureau of Land Management (“BLM”). As discussed in our previous post, the four lead...more

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