News & Analysis as of

Bay Area Air Quality Management District California Environmental Quality Act

Farella Braun + Martel LLP

[Event] CEQA Decoded: Air Quality Analysis for Bay Area Projects - August 22nd, San Francisco, CA

Join our next “CEQA Decoded” series program for Bay Area professionals, addressing key aspects of air quality impact analysis under CEQA, and highlighting the latest revisions to BAAQMD and City of San Francisco guidelines....more

Farella Braun + Martel LLP

[Webinar] How New Climate Change CEQA Thresholds Will Impact Bay Area Development Projects - September 22nd, 10:00 am - 11:00 am...

On April 20, 2022, the Bay Area Air Quality Management District (BAAQMD) adopted, updated – and significantly changed – thresholds of significance under the California Environmental Quality Act (CEQA) for determining when a...more

Miller Starr Regalia

BAAQMD Adopts “Fair Share” Based CEQA Thresholds of Significance For Evaluating Climate Change Impacts of Land Use Projects And...

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On April 20, 2022, the Bay Area Air Quality Management District (“BAAQMD”) adopted updated CEQA thresholds of significance that it recommends for public agencies’ use in evaluating the impacts of land use projects and plans...more

Coblentz Patch Duffy & Bass

Bay Area Air Quality Management District Updates CEQA Thresholds for Greenhouse Gas Impacts

On April 20, 2022, the Bay Area Air Quality Management District (BAAQMD) adopted new recommended thresholds for determining the significance of individual projects’ greenhouse gas impacts under the California Environmental...more

Downey Brand LLP

BAAQMD Modifies its CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plans

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On April 20, 2022, the Bay Area Air Quality Management District (BAAQMD) adopted changes to its thresholds for evaluating the significance of climate impacts from land use projects and plans under CEQA. These thresholds of...more

Downey Brand LLP

First Appellate District Upholds Several Aspects of the EIR Prepared for Phillips 66 Efforts to Enhance Recovery of Petroleum...

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In a March 2018 decision, the First Appellate District examined several CEQA issues pertinent to petroleum refining and hazardous materials transport. In Rodeo Citizens Association v. County of Contra Costa, the appeals court...more

Latham & Watkins LLP

California Court of Appeal Approves Environmental Analysis for Oil Refinery Propane Recovery Project

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Rodeo Citzens Ass’n v. County of Contra Costa, California Court of Appeal, First Appellate District, Division Three, Case No. A151184 (March 20, 2018). CEQA Case Report: Understanding the Judicial Landscape for Development...more

Holland & Knight LLP

California Court Upholds Environmental Impact Report for Golden State Warriors Arena - Ruling Finds That CEQA Doesn't Always...

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The California First District Court of Appeals issued its decision on Nov. 29, 2016, in Mission Bay Alliance v. Office of Community Investment and Infrastructure et al. The Court of Appeals decision affirmed the July 18,...more

Miller Starr Regalia

First District Modifies “Reverse CEQA” Case Opinion, Denies BAAQMD’s Petition For Rehearing With No Change In Judgment

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On September 9, 2016, the First District Court of Appeal (Division 5) filed an “Order Modifying Opinion and Denying Rehearing [No Change In Judgment]” in California Building Industry Association v. Bay Area Air Quality...more

Latham & Watkins LLP

California Court of Appeal Partially Upholds Air Quality Thresholds of Significance Following State Supreme Court Decision

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In a published decision, following the Supreme Court’s decision in California Building Industry Association v. Bay Area Air Quality Management District (2015) 62 Cal.4th 369, the First District Court of Appeal upheld...more

Miller Starr Regalia

Horse Of A Different Color: CEQA Does Not Require EIR Due To Psychological And Social Impacts From Closure Of Beloved Equestrian...

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In a March 4, 2016 published opinion, the Fourth District Court of Appeal reversed the trial court’s judgment requiring an EIR for a small 12-home rural subdivision project based on the “psychological and social” impacts of...more

Holland & Knight LLP

Practical Recommendations for Implementing California Supreme Court's Latest CEQA Decision - Court: CEQA Does Not Generally...

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In California Building Industry Association (CBIA) v. Bay Area Air Quality Management District (BAAQMD), the California Supreme Court held that the California Environmental Quality Act (CEQA) generally does not require...more

Katten Muchin Rosenman LLP

What Two Recent California Supreme Court Rulings Mean for Analysis of Environmental Impact at Project Sites and Greenhouse Gas...

The California Supreme Court recently issued two important decisions involving the interpretation of the California Environmental Quality Act (CEQA). The first finds that agencies generally are not required to evaluate the...more

Best Best & Krieger LLP

California Supreme Court Addresses the Reverse CEQA Problem

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CEQA Does Not Require Agencies to Consider the Impact of Existing Conditions on Future Project Users — Except in Certain Circumstances - Under what circumstances, if any, does the California Environmental Quality Act...more

Morrison & Foerster LLP

CEQA Doesn’t Operate in “Reverse” (Usually)

Morrison & Foerster LLP on

It’s not quite Star Wars, but in the world of land use, this counts as a blockbuster. The California Supreme Court has decided unanimously that the California Environmental Quality Act (CEQA) generally does not require...more

Farella Braun + Martel LLP

California Supreme Court Rejects CEQA Guideline Requiring Analysis of the Existing Environment’s Impacts on a Proposed Project

A unanimous California Supreme Court has held that the California Environmental Quality Act (CEQA) generally does not require an analysis of how existing environmental conditions will impact a project’s future users or...more

Pillsbury Winthrop Shaw Pittman LLP

“Reverse CEQA” Reversed: California Supreme Court Rejects CEQA Analysis of Impacts of the Environment on the Project

In California Building Industry Association v. Bay Area Air Quality Management District (December 17, 2015) (Case No. S213478) (CBIA v. BAAQMD), the California Supreme Court rejected a requirement for so-called “reverse CEQA”...more

Allen Matkins

California Environmental Law & Policy Update - December 2015 #3

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Environmental and Policy Focus - California Supreme Court rejects mandatory "reverse CEQA" analysis Allen Matkins - Dec 18 - The California Supreme Court issued its long awaited opinion yesterday in California...more

Allen Matkins

California Supreme Court Rejects Mandatory "Reverse CEQA" Analysis

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The California Supreme Court issued its long awaited opinion on December 17, 2015, in California Building Industry Association v. Bay Area Air Quality Management District (CBIA v. BAAQMD), commonly referred to as the "Reverse...more

Nossaman LLP

Worth the Wait? The California Supreme Court Rules that CEQA Does Not Require An Analysis of the Environment's Impacts on a...

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On December 17, 2015, the California Supreme Court issued its long-awaited decision in California Building Industry Association v. Bay Area Air Quality Management District (No. S213478). The sole question before the Court...more

Miller Starr Regalia

California Supreme Court Holds “CEQA-In-Reverse” Is Not The Norm, Reverses And Remands First District’s Judgment In CBIA v. BAAQMD

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In a unanimous 24-page opinion authored by newly seated Justice Cuellar and filed December 17, 2015, the California Supreme Court resolved a fundamental issue regarding CEQA’s scope, holding that – with certain specific...more

Manatt, Phelps & Phillips, LLP

Supreme Court Reaffirms Scope of CEQA Analysis in California Building Industry Association (CBIA) v. Bay Area Air Quality...

On December 17, 2015, a unanimous California Supreme Court reaffirmed that environmental analysis under the California Environmental Quality Act (CEQA) should be concerned with a project's impact on the environment, not the...more

Latham & Watkins LLP

California Supreme Court Hears Oral Argument in Case Challenging 2010 Bay Area Air Quality Management District Air Quality...

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On October 7, 2015, the California Supreme Court heard oral argument in California Building Industry Association v. Bay Area Air Quality Management District (Supreme Court Case No. S213478), a case which calls into question...more

Miller Starr Regalia

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

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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 Sets Oral Argument in Key CEQA Case

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The California Supreme Court has announced that the oral argument in California Building Industry Association v. Bay Area Air Quality Management District will take place on October 7, 2015, in San Francisco. The CBIA case...more

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