News & Analysis as of

California Environmental Quality Act

First District Rejects Numerous CEQA Challenges To RFEIR For Propane Recovery Project At Phillips 66 Company’s Rodeo Oil Refinery,...

by Miller Starr Regalia on

In an opinion filed March 20, and later certified for publication on April 12, 2018, the First District Court of Appeal (Division 3) affirmed a limited peremptory writ of mandate issued by the Contra Costa County Superior...more

Parking Impacts Warrant Only Limited Consideration under CEQA for Infill Projects in Transit Priority Areas - Court Upholds City...

by Best Best & Krieger LLP on

Parking impacts (as distinguished from secondary impacts related to parking) associated with infill development in transit priority areas are exempt from environmental review under certain circumstances, a California...more

Calif. Case Shows Propriety Of Telecom CEQA Exemptions

by Newmeyer & Dillion LLP on

On Feb. 5, 2018, the Sixth Appellate District of the California Court of Appeal issued a crucial ruling concerning California Environmental Quality Act review for wireless telecommunications facilities in the public...more

Land Use Matters: Alston & Bird LLP, March/April 2018

by Alston & Bird on

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

Redrawing CEQA’s “Parking” Lines? Second District Holds Parking Impacts of Covina Mixed-Use, Transit-Oriented Infill Project Are...

by Miller Starr Regalia on

SB 743 was enacted in 2013 to further California’s efforts to reduce GHG emissions by encouraging transit-oriented, infill development – a strategy announced in SB 375, the “Sustainable Communities and Climate Protection Act...more

City’s Bifurcated Procedure For Appealing Approval of Entitlements Separately From CEQA Determinations Upheld

by Perkins Coie on

The Fourth District Court of Appeal upheld a mitigated negative declaration where the project opponent correctly appealed the approval of entitlements but failed to properly appeal the CEQA determination under the City of San...more

Dismissal of Low Carbon Fuel Standard (LCFS) Case Appealed Amidst Program Extension

by Latham & Watkins LLP on

Appeal in POET II could complicate California Air Resources Board’s proposed LCFS amendments. In the case commonly referred to as POET II, petitioner POET, LLC, a biofuels manufacturer, challenged the Low Carbon Fuel...more

Air Resources Board’s Regulatory Relief For Small Truck Fleets Violated CEQA

by Perkins Coie on

A court of appeal has held that the California Air Resources Board violated CEQA when it issued a “regulatory advisory” notifying small trucking operations that they need not meet ARB’s regulatory deadline for retrofitting...more

Court Upholds Use of Small Facilities Exemption for Microcell DAS Project

by Perkins Coie on

In Aptos Residents Association v. County of Santa Cruz, the court of appeal upheld Santa Cruz County’s use of a CEQA exemption to approve a distributed antenna system (often referred to as a DAS) for the provision of cell...more

Attorneys’ Fees Can Be Awarded to CEQA Litigants Hoping to Preserve Their Home Values

by Perkins Coie on

Successful petitioners under CEQA who are motivated to file suit, in part, by their private financial interests are not necessarily ineligible for an award of attorneys’ fees under the public interest fee statute. Heron Bay...more

How Trump's Infrastructure Plan Impacts the Energy Industry

How will President Trump's infrastructure plan impact the energy industry? Permitting reform is on the table. Listen to our energy industry panelists discuss the proposed changes and how companies can engage with Congress....more

EIR For Railyard Did Not Adequately Analyze Air Quality Impacts

by Perkins Coie on

Rejecting most challenges to the environmental impact report for a new railyard near the Port of Los Angeles, a court of appeal nevertheless held that the EIR must be decertified because it did not adequately address air...more

Fourth District Upholds San Diego’s CEQA Class 3 Categorical Exemption Determination For Verizon’s Faux Tree Wireless...

by Miller Starr Regalia on

In a published opinion filed March 15, 2018, the Fourth District Court of Appeal (Division One) affirmed the trial court’s judgment denying a writ petition and complaint challenging the City of San Diego’s approvals of a...more

Fifth District Holds CARB Violated CEQA And APA In Approving Modifications To Truck And Bus Regulation

by Miller Starr Regalia on

In a published opinion filed January 31, 2018, the Fifth District Court of Appeal affirmed the trial Court’s judgment issuing a writ of mandate voiding the California State Air Resources Board’s (“CARB”) 2014 amendments to...more

California DFA Ordered to Suspend Chemical Activities

by Bergeson & Campbell, P.C. on

On February 22, 2018, the Superior Court of the State of California, County of Sacramento, issued a judgment granting petition for writ of mandate and declaratory and injunctive relief (Judgment) to suspend further chemical...more

Aptos Residents Association vs. County of Santa Cruz: More CEQA Certainty for Vital Wireless Telecommunications Networks

by Newmeyer & Dillion LLP on

On February 5, 2018, the Sixth Appellate District of the California Court of Appeal issued its decision in a case called Aptos Residents Association v. County of Santa Cruz (2018 WL 1069730). The case affirms that wireless...more

At the Intersection of Pollution and Poverty, California Attorney General Establishes Bureau of Environmental Justice, and...

On February 22, 2018, California Attorney General Xavier Becerra announced that the Department of Justice is opening an environmental justice office within the Environment Section: the Bureau of Environmental Justice...more

Can You Clear Me Now? Sixth District Upholds Santa Cruz County’s CEQA Categorical Exemption For Project To Install Microcell...

by Miller Starr Regalia on

In an opinion filed February 5 and later ordered published on February 27, 2018, the Sixth District Court of Appeal affirmed a judgment denying Aptos Residents Association’s (“ARA”) writ petition challenging Santa Cruz...more

Proposed CEQA Guidelines Amendments Proceed Through Rulemaking Process

by Latham & Watkins LLP on

Proposed changes include shifting the methodology for studying projects’ potential traffic impacts and clarifying the terms for deferred mitigation measures. The California Natural Resources Agency (the Agency) has given...more

Proposed CEQA Guideline for Highway Projects Promises Flexibility In the Measurement of Traffic Impacts, But Delivers Ambiguity

by Nossaman LLP on

In response to material opposition from many of the transportation agencies in the State, the California Natural Resources Agency has proposed to provide transportation agencies with the discretion to determine the metric...more

California Issues Initial Implementation Guidance on 2017 Housing Laws - HCD Identifies Jurisdictions Where Local Governments Must...

by Holland & Knight LLP on

• One of the most notable laws in California's package of housing laws passed by the State Legislature and signed by Gov. Jerry Brown in 2017 is SB 35, which requires most local governments to issue housing developers...more

City's General Plan Land Use Policy Survives CEQA Challenge Based on Potential Urban Decay

by Holland & Knight LLP on

• In Visalia Retail, LP v. City of Visalia, the California Court of Appeal has rejected a challenge brought under the California Environmental Quality Act (CEQA) to a land use policy in the City of Visalia's General Plan...more

Dietary Supplement & Cosmetics Legal Bulletin | February 2018

FDA Issues Draft Guidance for Homeopathic Drug Products - The U.S. Food and Drug Administration (FDA) has issued draft guidance, "Drug Products Labeled as Homeopathic," that would prioritize enforcement and regulatory...more

Fifth Appellate District Upholds City of Visalia’s General Plan Update Against Challenge to Square Footage Restrictions in...

by Downey Brand LLP on

On January 30, 2018, the Fifth Appellate District certified for publication its earlier opinion in Visalia Retail, LP v. City of Visalia, upholding the City of Visalia’s (“City”) 2014 General Plan Update. Plaintiff and...more

CEQA Does Not Require City’s General Plan Update EIR to Address Urban Decay Based on Broker’s Speculative Opinion Concerning...

by Miller Starr Regalia on

In an opinion filed on January 4, and later certified for partial publication on January 30, 2018, the Fifth District Court of Appeal affirmed a trial court judgment rejecting appellant’s claim that the EIR for the City of...more

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