News & Analysis as of

California Environmental Quality Act Energy Sector

Downey Brand LLP

Newly Signed SB 286 Streamlines and Clarifies Permitting Process for Offshore Wind

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In an important step toward meeting California’s goal of producing up to 5,000 MW of offshore wind energy by 2030, Governor Newsom signed Senate Bill (SB) 286 into law on October 7, 2023. Authored by California Senate...more

Miller Starr Regalia

Governor Signs Infrastructure/Budget Legislation Including Significant Revisions To CEQA (SB 149)

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On July 10, 2023, Governor Newsom signed into law a number of bills aimed at streamlining and accelerating the construction of critical infrastructure projects needed to achieve California’s ambitious climate and clean energy...more

Sheppard Mullin Richter & Hampton LLP

Build More, Faster? Newsom Signs Infrastructure and Budget Legislation 

On July 10, 2023, California Governor Gavin Newsom signed into law a package of bills intended to accelerate critical infrastructure projects across the State aimed at achieving monumental climate and clean energy goals while...more

Pillsbury Winthrop Shaw Pittman LLP

California Rolls Out Offshore Wind Permitting Roadmap

California has tremendous offshore wind resources and ambitious offshore power goals, but the uncertain rules and regimes for development have delayed implementation of projects. The California Energy Commission (CEC)...more

Downey Brand LLP

“It just so happens that [Governor Newsom’s Sweeping New Plan to Accelerate Infrastructure Projects] is only mostly dead.” –...

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Governor Gavin Newsom announced proposed major new infrastructure permitting reforms on May 19, 2023 in an effort to create thousands of jobs and build California’s clean energy future. The eleven-bill package seeks to...more

Miller Starr Regalia

CEQA Does Not Apply To Investor-Owned Public Utility’s Exercise Of Power Of Eminent Domain To Acquire Electric Facilities...

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In a published opinion filed March 2, 2023, the Fifth District Court of Appeal held that where no governmental approvals were required, an investor-owned public utility was not required to comply with CEQA prior to exercising...more

Miller Starr Regalia

California Supreme Court Holds In 5-2 Decision, Over Chief Justice’s Strong Dissent, That Federal Power Act Does Not Fully Preempt...

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In a 5-2 opinion filed August 1, 2022, a divided California Supreme Court held the Federal Power Act (“FPA”; 16 U.S.C. § 791a et seq.) does not “occupy the field” and entirely preempt CEQA’s application to the state’s...more

Latham & Watkins LLP

California Expands State Agency Authority to Spur Clean Energy and Bolster Grid Reliability

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A controversial new law gives the California Energy Commission authority over clean energy projects and authorizes the Department of Water Resources to fund new energy sources and extend the life of existing power plants. ...more

Allen Matkins

California Environmental Law & Policy Update - June 2022 #2

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Ninth Circuit blocks permits for hydraulic fracturing off California coast Bullet Los Angeles Times - June 3 The U.S. Ninth Circuit Court of Appeals last Friday blocked hydraulic fracturing, commonly known as fracking, off...more

Downey Brand LLP

Developing Offshore Wind in California – Environmental Permitting and Interconnection Considerations

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The California coast offers significant potential for offshore wind development that can help the state reach its renewable energy goals. Developers of wind energy projects located off the California coast will face a number...more

Downey Brand LLP

Congress Passes $1.2 Trillion Bipartisan Infrastructure Legislation

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After passage in both houses of Congress, the highly-anticipated $1.2 trillion infrastructure legislation package, more commonly referred to as the “Infrastructure Investment and Jobs Act” (“Act”), has headed to President...more

Holland & Knight LLP

California Legislature Passes Landmark Legislation to Bolster Offshore Wind Energy

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The California Legislature on Sept. 9, 2021, approved landmark state legislation to facilitate California's offshore wind energy potential. Assembly Bill (AB) 525 requires the California Energy Commission (CEC) to prepare a...more

Nossaman LLP

On-Demand Webinar | Charting a Course for Offshore Wind Energy in California

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On May 6, 2021, members of Nossaman’s Coastal Development and Environment & Land Use Groups along with some special guest speakers discussed current proposals and pending regulations concerning offshore wind development along...more

Nossaman LLP

[Webinar] Charting a Course for Offshore Wind Energy in California - May 6th, 11:00 am - 12:30 pm PDT

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Please join members of Nossaman’s Coastal Development and Environment & Land Use Groups on May 6, 2021 from 11:00 a.m. to 12:30 p.m. PT as we present “Charting a Course for Offshore Wind Energy in California” to discuss...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - Vol. 5, Issue 3 - November 2020

Welcome to CEQA News You Can Use, a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your...more

Farella Braun + Martel LLP

Permitting Utility-Scale Battery Energy Storage Projects: Lessons From California

The increasing mandates and incentives for the rapid deployment of energy storage are resulting in a boom in the deployment of utility-scale battery energy storage systems (BESS). In the first installment of our series...more

Downey Brand LLP

Fifth Appellate District Invalidates Kern County Oil and Gas Ordinance

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On Tuesday, February 25, 2020, the Fifth Appellate District invalidated Kern County’s 2015 Oil and Gas Ordinance (the “Ordinance”), which was intended to streamline the permitting process for a variety of oil and gas...more

Perkins Coie

Power Plant EIR Defeated By Inadequate Responses to Commenters’ Proposed Mitigation Measures

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An EIR that did not squarely respond to detailed comments recommending additional mitigation measures has been held not to comply with CEQA. Covington v. Greater Basin., 3d Dist. Court of Appeal Case No. C080342 (certified...more

Miller Starr Regalia

The Curious Case of the EIR Without A “Project”: Third District Rejects CEQA, Statutory Challenges To DOGGR’s “Unique” S.B....

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In a 38-page opinion filed on May 16, and belatedly ordered published on June 14, 2019, the Third District Court of Appeal affirmed the trial court’s judgment rejecting all of plaintiff/appellant Center for Biological...more

Downey Brand LLP

2019 Amendments to the CEQA Guidelines: Part Two – Greenhouse Gases, Energy, and Wildfire Impacts

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This post is Part Two of our blog series on the 2019 amendments to the CEQA Guidelines. This post focuses on amendments in the areas of greenhouse gas (“GHG”) emissions, energy, and wildfire impacts, as well as a discussion...more

Downey Brand LLP

California’s Proposed Requirements to Reduce Pipeline Spills Will Present New Challenges and Burdens for Industry; Comment...

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On February 14, 2019, the California Office of the State Fire Marshall (“OSFM”) published long awaited draft regulations to reduce the volume of pipeline oil spills in coastal areas. The proposed regulations, which implement...more

Sheppard Mullin Richter & Hampton LLP

Five Years in the Making: California is One Step Closer to a Comprehensive Update to the CEQA Guidelines

The Governor’s Office of Planning and Research (“OPR”) has spent five years drafting a comprehensive update to 30 sections of the California Environmental Quality Act (“CEQA”) Guidelines. The updated text (“Final Text”)...more

Allen Matkins

Update to the CEQA Guidelines

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Following a preparation process that has taken more than five years, amendments to the California Environmental Quality Act (CEQA) Guidelines are poised to take effect shortly....more

Perkins Coie

Seven-Year Extension of Diablo Canyon Lease Held Exempt from CEQA

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A court of appeal has rejected CEQA and public trust challenges to a State Lands Commission lease extension allowing the Diablo Canyon nuclear power plant to continue operating through 2025. World Business Academy v....more

Latham & Watkins LLP

Changes Ahead? How a Changing Regulatory Landscape Will Impact New Development and Infrastructure Projects in California

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Major new regulatory developments involving climate change create new risks for development projects and infrastructure - ..Recent CA Supreme Court decision? CEQAclarity ..CARB 2017 Scoping Plan targets development to...more

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