News & Analysis as of

Climate Change California Environmental Quality Act

Allen Matkins

New California Assembly Committee Aims to Reduce Permitting Obstacles for Housing and Climate Projects

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The Assembly Select Committee on Permitting Reform held its first hearing on June 18, 2024, commencing its efforts to address California’s housing and climate crises by reforming the state’s land use permitting regime....more

Miller Starr Regalia

CEQA Remedies Go Both Ways:  Fourth District Reverses Judgment Upholding San Diego County Board’s Decision Granting Project...

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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

Best Best & Krieger LLP

A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Part Three

In Part Three of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation for 2024 related to environmental law and the California Environmental Quality Act (CEQA). Below we provide...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use, December 2023 - Volume 8, Issue 3

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

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

Miller Starr Regalia

Third District Affirms Judgment Denying CEQA Writ Petition Challenging Sacramento County’s Approval of Mather South Community...

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In a partially published opinion filed on September 7, 2023, the Third District Court of Appeal affirmed a judgment denying a CEQA challenge to Sacramento County’s approval of a mixed-use development project known as the...more

Miller Starr Regalia

Recent Legislation Brings Incremental CEQA Reform

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On September 7, 2023, Governor Newsom signed into law AB 1307, urgency legislation which took effect immediately and added to the Public Resources Code a new Section 21085, which reads: “For purposes of this division, for...more

Miller Starr Regalia

CEQA Writ Simple: Fourth District Holds Trial Court Erred In Retaining Continuing Jurisdiction And Not Discharging Peremptory Writ...

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In an opinion filed July 19, and ordered published on August 9, 2023, the Fourth District Court of Appeal (Div. 1) reversed a trial court order denying the City of San Diego’s (City) request to discharge a peremptory writ of...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

Perkins Coie

EIR for Relicensing of Oroville Dam Adequately Evaluated Environmental Impacts

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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

Manatt, Phelps & Phillips, LLP

2023–24 California State Budget Finalized—At Least for Now

After around-the-clock weekend negotiations between Democratic legislative leaders and Governor Gavin Newsom, working against a looming June 30 constitutional deadline, leaders announced a budget agreement late Monday night....more

Mintz

There is a conflict brewing in CA between environmentalists and environmentalists

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Last month, Governor Newsom attempted to turbocharge California's efforts to combat climate change with big infrastructure projects: he proposed a package of no less than eleven bills to speed up the approval of clean energy,...more

Miller Starr Regalia

BAAQMD Adopts Ambitious Revised 2022 CEQA Guidelines

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In late April the Bay Area Air Quality Management District (“BAAQMD”) promulgated its revised 2022 CEQA Guidelines (“2022 Guidelines”), available here.  Previously BAAQMD had published guidelines in 2012, which were the...more

Miller Starr Regalia

Recap of 2023 CEQA Amendments Now In Effect

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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

Nossaman LLP

What California’s 2022 Carbon Neutrality Scoping Plan Means for CEQA and Housing

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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

Allen Matkins

California Environmental Law & Policy Update - November 2022

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Attorney General Bonta asks plastic bag producers to prove that bags are recyclable - San Francisco Chronicle – November 2 - On Wednesday, Attorney General Rob Bonta sent letters to seven plastic bag producers that supply the...more

Allen Matkins

California Environmental Law & Policy Update - October 2022 #3

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Biden administration outlines plan to pay for Colorado River water cuts as crisis looms - CNN – October 12 As concerns grow over the future of the drought-plagued Colorado River system, the Biden administration has announced...more

Downey Brand LLP

Third District Invalidates Water Bottling Facility EIR for Overly Narrow Project Objectives and Failure to Recirculate

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On April 20, 2022, the Third District Court of Appeal filed its opinion in We Advocate Through Environmental Review v. County of Siskiyou (2022) 78 Cal.App.5th 683, reversing the trial court’s judgment upholding the County’s...more

Farella Braun + Martel LLP

[Webinar] How New Climate Change CEQA Thresholds Will Impact Bay Area Development Projects - September 22nd, 10:00 am - 11:00 am...

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

Miller Starr Regalia

CEQA vs. Housing: A Very Wrong Picture

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A 10-page article by Holland & Knight’s Jennifer Hernandez, published this month by the Center for Jobs & the Economy/California Business Roundtable, documents that CEQA litigation targeted nearly 50,000 housing units –...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

California Environmental Law & Policy Update - June 2022 #3

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EPA sets stringent standards for PFAS in drinking water Bullet E&E News - June 15 The U.S. Environmental Protection Agency (EPA) on June 15 announced new drinking water “health advisories” for four per- and polyfluoroalkyl...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

Miller Starr Regalia

The Other CEQA Shoe Drops: Third District Reverses Judgment Upholding Siskiyou County’s EIR For Crystal Geyser Bottling Plant...

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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

Allen Matkins

Sustainable Development and Land Use Update - May 2022 #2

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Judge rejects lawsuit over California housing density bill (SB 10) Bullet Courthouse News Service – May 12 Los Angeles County Superior Court Judge James Chalfant held last week that the California Legislature has the...more

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