On November 17, 2025, the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) (collectively, the “Agencies”) released a sweeping proposed rule (Proposed Rule) to revise the federal definition of...more
12/4/2025
/ Clean Water Act ,
Comment Period ,
Environmental Protection Agency (EPA) ,
Notice of Proposed Rulemaking (NOPR) ,
NPDES ,
Permits ,
Proposed Rules ,
Regulatory Reform ,
Sackett v EPA ,
SCOTUS ,
Section 404 ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On November 19, 2025, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) released four proposed rules that would comprehensively revise key federal...more
11/24/2025
/ Code of Federal Regulations (CFR) ,
Comment Period ,
Conservation ,
Critical Habitat ,
Department of the Interior ,
Endangered Species Act (ESA) ,
National Marine Fisheries Service ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
Regulatory Reform ,
Rulemaking Process ,
Section 7 ,
Trump Administration ,
US Fish and Wildlife Service
California continues its legislative push to address the state’s housing crisis, particularly focusing on “middle-housing” projects that bridge the gap between single-family homes and large apartment buildings (e.g.,...more
11/21/2025
/ Accessory Dwelling Units (ADUs) ,
Affordable Housing ,
California ,
Housing Developers ,
Infill Development ,
Local Ordinance ,
Multi-Family Development ,
Multi-Family Housing ,
New Legislation ,
Permits ,
Real Estate Development ,
Regulatory Reform ,
State and Local Government ,
Subdivision ,
Urban Planning & Development ,
Zoning Laws
On October 11, 2025, Governor Newsom signed Assembly Bill (AB) 1319 into law. AB 1319 creates a swift, state-level response mechanism if Federal Endangered Species Act (FESA) protections are decreased for species native to...more
10/14/2025
/ California ,
California Endangered Species Act ,
California Fish and Game Commission ,
CEQA ,
Endangered Species Act (ESA) ,
Incidental Take Permits ,
New Legislation ,
Permits ,
Real Estate Development ,
Regulatory Requirements ,
State and Local Government ,
US Fish and Wildlife Service
At its October 8, 2025, meeting, the California Fish and Game Commission (Commission) granted the California Department of Fish and Wildlife (CDFW) a six-month extension to complete its status review of the March 5, 2024,...more
10/9/2025
/ California ,
California Endangered Species Act ,
California Fish and Game Commission ,
Comment Period ,
Conservation ,
Endangered Species ,
Endangered Species Act (ESA) ,
ESA Listings ,
Permits ,
Petition for Rulemaking ,
Public Comment ,
State and Local Government ,
State Department of Fish and Wildlife ,
Status Reports ,
Statutory Deadlines ,
Time Extensions
At its August 13-14 meeting, the California Fish and Game Commission (the Commission) unanimously determined that a petition to list the Quino checkerspot butterfly (Euphydryas editha quino) (QCB) as endangered throughout its...more
The California Fish and Game Commission (Commission) took final action to approve the Western Joshua Tree Conservation Plan (Conservation Plan) at its August 13, 2025, meeting. As detailed in our previous alert, the...more
8/20/2025
/ California ,
California Fish and Game Commission ,
Conservation ,
Endangered Species ,
Environmental Policies ,
Guidance Documents ,
Habitat Conservation Plan ,
Incidental Take Permits ,
Permits ,
Public Comment ,
State and Local Government
On July 23, 2025, the White House issued an Executive Order titled “Accelerating Federal Permitting of Data Center Infrastructure.” Released alongside “America’s Artificial Intelligence (AI) Action Plan,” the Order reflects a...more
8/7/2025
/ Artificial Intelligence ,
CEQ ,
Clean Air Act ,
Clean Water Act ,
Data Centers ,
Department of Energy (DOE) ,
Endangered Species Act (ESA) ,
Energy Consumption ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Infrastructure ,
NEPA ,
Permits
California stands at a pivotal juncture in 2025, confronting an array of environmental and housing challenges. As usual, the California State Legislature is considering numerous strategies to address these issues. This year’s...more
6/24/2025
/ Accessory Dwelling Units (ADUs) ,
Affordable Housing ,
California ,
California Coastal Commission ,
California Endangered Species Act ,
CEQA ,
Citizen Suits ,
Clean Energy ,
Demolition ,
Density Bonus ,
Disclosure Requirements ,
Environmental Policies ,
Habitat Conservation Plan ,
Housing Developers ,
Housing Market ,
Impact Fees ,
Natural Disasters ,
Natural Resources ,
New Legislation ,
Real Estate Development ,
Sackett v EPA ,
Water Conservation ,
Waters of the United States ,
Wetlands ,
Wildfires
California’s regulatory authority over “waters of the state” continues to grow even as the federal definition of “Waters of the United States” (WOTUS) narrows under shifting legal and regulatory frameworks. In Sackett v. EPA...more
6/23/2025
/ California ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Policies ,
Permits ,
Proposed Legislation ,
Regulatory Reform ,
Sackett v EPA ,
Waste Disposal ,
Water Quality ,
Waters of the United States ,
Wetlands
Several high-profile species — including the burrowing owl, Crotch’s bumble bee, western Joshua tree, western spadefoot toad, and the monarch butterfly — have recently been elevated to candidate status under either the...more
SB 684 and SB 1123 (Caballero) expand the Starter Home Revitalization Act to further facilitate the construction of “starter” home projects consisting of up to 10 dwelling units (not exceeding an average of 1,750 net...more
6/19/2025
/ Affordable Housing ,
Building Permits ,
California ,
CEQA ,
Housing Developers ,
Multi-Family Development ,
New Legislation ,
Regulatory Reform ,
Regulatory Requirements ,
Single Family Housing ,
Zoning Laws
On October 10, 2024, the California Fish and Game Commission (Commission) unanimously voted to designate the western burrowing owl (Athene cunicularia hypugaea) as a candidate species under the California Endangered Species...more
6/19/2025
/ California ,
California Endangered Species Act ,
California Fish and Game Commission ,
CEQA ,
Endangered Species Act (ESA) ,
Environmental Impact Report (EIR) ,
Habitat Conservation Plan ,
Land Developers ,
Permits ,
Real Estate Development ,
Risk Management
The California Fish and Game Commission (Commission) held its second meeting on the Western Joshua Tree Conservation Plan (Draft Conservation Plan) on April 16, 2025. Though no formal action was taken, the Commission received...more
“Recent federal actions limiting the Council on Environmental Quality’s (CEQ) authority under the National Environmental Policy Act (NEPA) have created an uncertain regulatory landscape, with less clarity on how agencies will...more
On April 17, 2025, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) published a proposed rule in the Federal Register to rescind their respective...more
Last week, several news outlets reported that the White House Council on Environmental Quality (CEQ) circulated a draft template dated April 8, 2025 among federal agencies to assist in updating their procedures for...more
On March 14, 2025, the California Court of Appeal for the First District issued the first published opinion interpreting Assembly Bill 52 (AB 52), the law governing tribal consultation procedures under the California...more
The California Fish and Game Commission (Commission) accepted public comment on the draft Western Joshua Tree Conservation Plan (Draft Conservation Plan) at its February 12, 2025 meeting, but no formal action was taken. As...more
On February 20, 2025, the White House Council on Environmental Quality (CEQ) posted a pre-publication notice on its website of an Interim Final Rule that rescinds its regulations implementing the National Environmental Policy...more
Vacancy rates across the state are showing improvement, particularly in San Francisco, which reflects California’s housing shortage. Demand also remains strong, and supply is growing, suggesting confidence in the sector...more
2/12/2025
/ Affordable Housing ,
Apartments ,
California ,
Construction Industry ,
Housing Developers ,
Housing Market ,
Multi-Family Development ,
Office Space ,
Real Estate Development ,
Real Estate Market ,
Rental Property ,
Urban Planning & Development ,
Vacant Properties
The California Court of Appeal’s recent decision in V Lions Farming, LLC v. County of Kern provides important clarity on the use of agricultural conservation easements (ACEs) for mitigating the conversion of agricultural land...more
2/5/2025
/ Agribusiness ,
Agricultural Sector ,
California ,
CEQA ,
Conservation ,
Department of Environmental Quality ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Mitigation ,
Oil & Gas ,
Real Estate Development ,
Regulatory Agenda ,
State and Local Government ,
Urban Planning & Development
On December 12, 2024, the California Department of Fish and Wildlife (CDFW) released its draft Western Joshua Tree Conservation Plan (Draft Conservation Plan) to the California Fish and Game Commission (Commission), as...more
On December 10, 2024, the U.S. Fish and Wildlife Service (USFWS) proposed to list the monarch butterfly (Danaus plexippus) as threatened under the federal Endangered Species Act (ESA). A proposed critical habitat designation...more
SB 684, which took effect on July 1 of this year, provides for streamlined, ministerial processing of certain residential projects in multifamily zoning districts consisting of no more than 10 single-family homes. The law...more