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California Environmental Quality Act Greenhouse Gas Emissions Real Estate Development

Downey Brand LLP

Downey Brand Compilation of Published CEQA Cases in 2023

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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

Downey Brand LLP

Court Upholds Master Plan EIR’s Climate Change Analysis that Used Sector and Region-Specific Data to Develop a Threshold of...

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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

Alston & Bird

Land Use Matters December 2023 - CEQA Appellate Decisions & Other Legal Developments

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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

Miller Starr Regalia

First District Affirms Judgment Upholding UCSF’s EIR for Long-Range Development Plan Substantially Increasing Parnassus Heights...

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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

Nossaman LLP

California Appellate Court Upholds CEQA Greenhouse Gas Emissions Methodology

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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

Miller Starr Regalia

Fourth District Holds Addendum To 2010 Program EIR For Irvine Business Complex Vision Plan Violated CEQA Because Conclusion That...

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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

Holland & Knight LLP

Anti-Housing CEQA Lawsuits Filed in 2020 Challenge Nearly 50% of California’s Annual Housing Production

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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

Allen Matkins

Sustainable Development and Land Use Update - July 2022 #3

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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

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

Manatt, Phelps & Phillips, LLP

CEQA to Project Proponents: ‘Why Can’t You Do Solar?’

What Happened - A mammoth case out of Lake Tahoe affirms a new environmental review obligation for project proponents: Why can’t you do solar? Upending what traditionally was a relatively straightforward analysis regarding...more

Holland & Knight LLP

SB 7 Creates Expedited CEQA Litigation Schedule for Qualifying Projects

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Signed into law by California Gov. Gavin Newsom on May 20, 2021, and taking immediate effect as an "urgency statute," Senate Bill (SB) 7 revives and expands the previously enacted Environmental Leadership Development Project...more

Allen Matkins

California Environmental Law & Policy Update - March 2020 #4

Allen Matkins on

A Note to Our Readers: Although the coronavirus and its many disruptions are dominating the news, we will continue to publish the California Environmental Law and Policy Update so long as there are newsworthy developments in...more

Latham & Watkins LLP

California Court of Appeal Overturns Specific Plan EIR for Inadequate Air Quality Impact Mitigation

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CEQA Case Report: Understanding the Judicial Landscape for Development - In an unpublished opinion issued July 10, 2018, Sierra Club v. County of Kern, Case No. F071133, the California Court of Appeal reversed the trial...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

Latham & Watkins LLP

California Appeals Court: Statewide Emissions Goals May Inform Mitigation Measures

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CEQA Case Report: Understanding the Judicial Landscape for Development - In an unpublished opinion issued May 18, 2018, Responsible Development for Water Tank Hill v. County of San Mateo, Case No. A150883, the California...more

Perkins Coie

Court May Order Partial Decertification And Leave Approvals In Place After Finding EIR Legally Inadequate

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In Center for Biological Diversity et al. v. California Department of Fish and Wildlife, 17 Cal. App.5th 1245 (2017) the court of appeal held a court order that requires partial decertification of an Environmental Impact...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - Vol. 1, Issue 1

Welcome to the first edition of CEQA News You Can Use, a quarterly publication of Brownstein Hyatt Farber Schreck’s Natural Resources lawyers. This resource will provide quick, useful bites of CEQA news that we hope can be a...more

Best Best & Krieger LLP

California Governor Extends CEQA Litigation Streamlining Provisions for Large Projects Promoting Job Creation and Innovative...

Law Will Expedite Schedules for Qualified Projects - On Friday, Gov. Jerry Brown signed into law a bill extending special California Environmental Quality Act litigation streamlining provisions for large,...more

Alston & Bird

Land Use Matters: Alston & Bird LLP, July 2016

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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. ...more

Miller Starr Regalia

Lost in Translation: Supreme Court Elucidates CEQA GHG Analysis, “Fully Protected” Species Take Prohibition, And Issue Exhaustion...

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In a 5-2 decision filed November 30, 2015, the California Supreme Court reversed the judgment of the Court of Appeal which had upheld the EIS/EIR for the controversial Newhall Ranch development project. Center For Biological...more

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