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[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018
[WEBINAR] Building a Solar Energy Project in 2018
How Trump's Infrastructure Plan Impacts the Energy Industry
BB&K's Charity Schiller Discusses CEQA Baseline
Energy efficiency regulations may not be changing quite as fast as housing laws, but California has made notable changes over the last several years aimed at reaching its ever more ambitious carbon emissions reduction goals,...more
In its recent decision in Hilltop Group Inc. v. County of San Diego, California’s Fourth District Court of Appeal issued a number of holdings that resulted in a strong ruling in support of streamlined environmental review for...more
In an important published opinion filed February 16, 2024, the Fourth District Court of Appeal (Div. 1) held the San Diego County Board of Supervisors committed a prejudicial abuse of discretion in granting project opponents’...more
2023 served up roughly the same number of published appellate CEQA cases as 2022 with a defense win percentage of over 80 percent, which has been the case in many, if not all, of the past ten years. A prominent theme of...more
In Tsakopoulos Investments v. County of Sacramento (2023) 95 Cal. App. 5th 280, the Third District Court of Appeal (“Court”) upheld the County of Sacramento’s (“County”) certification of the Mather South Community Master Plan...more
City of Los Angeles - The Processes and Procedures Ordinance Becomes Operative January 22, 2024 - The city council adopted the Processes and Procedures Ordinance amending the Los Angeles Municipal Code (LAMC) to...more
In a partially published opinion filed September 20, 2023, the First District Court of Appeal (Div. 3) affirmed the Alameda County Superior Court’s judgments denying writ petitions in three partially consolidated CEQA actions...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 McCann v. City of San Diego (2023) 94 Cal.App.5th 284 (McCann II), the Fourth District Court of Appeal held the trial court exceeded its jurisdiction by failing to discharge a writ of mandate. The writ was issued for the...more
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
In a 72-page published opinion filed March 30, 2023, the First District Court of Appeal (Div. 4) affirmed in full the trial court’s judgment, which upheld the EIR for the Oakland Waterfront Ballpark District Project (project)...more
In E. Oakland Stadium Alliance v. City of Oakland (Mar. 30, 2023, No. A166221) ___Cal.App.5th___ [2023 Cal. App. LEXIS 240], the First District Court of Appeal concluded that the EIR prepared for the proposed Oakland A’s...more
In a lengthy published decision, the Court of Appeal upheld the City of Oakland’s environmental impact report (EIR) for the proposed Oakland A’s MLB stadium and mixed use project, rejecting numerous challenges and affirming...more
The City of Irvine violated CEQA by approving a development project based on an addendum to a program EIR containing insufficient information regarding the project’s greenhouse gas emissions and by relying on CEQA’s Class 32...more
In a published opinion filed February 6, 2023, the Fourth District Court of Appeal (Div. 3) affirmed a judgment setting aside an addendum to a 2010 program EIR (PEIR) and accompanying approvals for a 275,000-square foot...more
In IBC Business Owners for Sensible Development v. City of Irvine et al. (Feb. 6 2023, Case No. G060850) ___ Cal.App.5th ___, the Fourth District Court of Appeal held that the City of Irvine (“City”) violated CEQA when it...more
The 2021-2022 Legislative Session was light on CEQA amendments, and once again did not produce any significant reform. We saw a continued focus on incentivizing affordable and infill developments on the condition that the...more
In an opinion on rehearing filed January 18, 2023, the Third District Court of Appeal reissued its previous published opinion in the Save Our Capitol! case (my January 2, 2023 post on which can be found here) with the...more
While the 2022 Scoping Plan for Achieving Carbon Neutrality (2022 Scoping Plan) recently adopted by the California Air Resources Board (CARB) may benefit infill housing projects, it will likely create additional barriers to...more
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
Holland & Knight Partner Jennifer L. Hernandez, leader of the firm's West Coast Land Use and Environmental Group, recently authored an industry report for the Center for Jobs & The Economy, whose mission is to identify and...more
State Supreme Court decision could complicate CEQA review of certain housing projects - San Francisco Chronicle – July 14 - The state Supreme Court has left intact a ruling by the First District Court of Appeal that rejected...more
The EIR for a bottling plant in Siskiyou County withstood challenges to the project description and impacts analysis, but the EIR’s stated project objectives were unreasonably narrow and the County should have recirculated...more
On May 12, the Third District Court of Appeal belatedly ordered partially published an opinion it had filed on April 20, 2022, reversing the trial court’s judgment upholding the EIR for lead agency Siskiyou County’s approval...more
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