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A Court of Appeal held that the CEQA statute of limitations period does not begin to run after the filing of an initial notice of determination if the project is appealed. Central for Biological Diversity v. County of San...more
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...more
City of Los Angeles - Increase to Planning Applications and Affordable Housing Linkage Fees - On July 1, 2024, the fee for planning and land use applications increased by 3.5% based on the Consumer Price Index for All Urban...more
The California Supreme Court held that under newly enacted Assembly Bill 1307, the environmental impact report prepared for UC Berkeley housing and longer-term development was not inadequate for failing to consider social...more
California Senate Bill No. 174 (SB 174), a budget trailer bill that was passed by the Assembly with amendments on June 26, received Senate concurrence on the amendments the same day, and was enrolled and presented to the...more
The California Supreme Court recently upheld the Environmental Impact Report (“EIR”) for the Long Range Development Plan (“LRDP”) for the University of California Berkeley (“UC Berkeley”) and a controversial housing project...more
Plans to build the largest new reservoir in California in 50 years have taken a significant step forward following a judge’s decision last Friday to dismiss a lawsuit filed by environmental groups challenging the adequacy of...more
An appellate court interpreted a writ that ordered an agency to vacate certification of an EIR in part and file a final return to the writ “upon certification of a revised EIR” to require an assessment of the adequacy of the...more
On May 8th, 2024, the Little Hoover Commission released its much-anticipated report, “CEQA: Targeted Reform for California’s Core Environmental Law” putting forth recommendations to improve the functioning of the California...more
The California Environmental Quality Act (CEQA) has long required a full analysis of project's potential adverse effects on the environment. The environmental impact report (EIR)-known as the "heart of CEQA"-is intended to...more
Several modest amendments to CEQA took effect on Jan. 1, 2024. Our CEQA News You Can Use team summarized a few of changes to keep in mind in the new year....more
The Second District Court of Appeal confirmed again that the California Environmental Quality Act (CEQA) favors finality in rejecting a challenge to a subsequent project approval for a 42-single family home project in Los...more
A recent court decision provides guidance to lead agencies seeking to comply with CEQA requirements related to greenhouse gas (GHG) emissions. In Tsakopoulos Investments, LLC v. County of Sacramento, the Third District Court...more
In late June, California’s Fourth District Court of Appeal upheld a Superior Court decision in Save Our Access v. City of San Diego, providing clarity for determining when a “later activity” is beyond the scope of an existing...more
CITY OF LOS ANGELES - Site Plan Review Exemption for Affordable Housing - On June 30, 2023, the city council adopted an amendment to the Site Plan Review Ordinance to exempt deed-restricted affordable housing units from...more
An environmental impact report need not discuss impacts that are too speculative in nature for proper evaluation or assess economic costs not linked to a physical change in the environment. County of Butte v. Dept. of Water...more
On June 13, 2023, the Second Appellate District affirmed the City of Pomona’s use of a statutory exemption for its Commercial Cannabis Overlay Permit Program under California Environmental Quality Act (CEQA) Guidelines...more
In this alert, Brownstein outlines Gov. Gavin Newsom’s latest swing at the California Environmental Quality Act (CEQA) and provides the updates (and potentially what to expect) regarding two new bills introduced by Sen. Scott...more
Noisy college students, the new CEQA impact? Would you be surprised to learn that college students can throw noisy parties? Uh, no, but it may be a surprise that they constitute a potentially significant environmental impact...more
The Second District Court of Appeal held that: (1) despite revisions to a mixed-use development project, the project description in the EIR was “accurate, stable, and finite;” (2) an opportunity for public comment on the...more
The court held that the County of Marin did not abdicate its duties under CEQA when it approved a specific project pursuant to a stipulated judgment. Tiburon Open Space Committee v. County of Marin, 78 Cal. App. 5th 700...more
Assembly Bill (AB) 141 and Senate Bill (SB) 160, which passed in 2021, will bring an end to provisional cannabis licenses and change the requirements for renewing provisional licenses issued by California’s Department of...more