News & Analysis as of

Environmental Impact Report (EIR) Sierra Club

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Impacts of Cryptomining: Earthjustice, Sierra Club Release Guidebook

The environmental organizations Earthjustice and Sierra Club (collectively, “Earthjustice”) announced they have published a guidebook titled: The Energy Bomb: How Proof-of-Work Cryptocurrency Mining Worsens the Climate...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Proposed Methanol Manufacturing/Shipping Terminal (Kalama, Washington): Sierra Club Files National Environmental Policy Act...

The Sierra Club and several other organizations (collectively “Sierra Club”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Western District of Washington...more

Latham & Watkins LLP

California Supreme Court Clarifies Standards for Judicial Review and Air Quality Analyses

Latham & Watkins LLP on

The Sierra Club decision affects both the preparation of EIRs and judicial review of agency decisions certifying EIRs. Key Points: ..An environmental impact report’s (EIR) discussion of potential environmental impacts...more

Best Best & Krieger LLP

California Supreme Court Addresses Standard of Review for EIRs and Air Quality Impact Analyses - Decision in Sierra Club v. County...

In a highly anticipated decision, the California Supreme Court found in Sierra Club v. County of Fresno that the environmental impact report was inadequate because it failed to sufficiently connect the project’s air quality...more

Perkins Coie

Court of Appeal Holds that Petition Challenging Wal-Mart Project is Barred by Earlier Lawsuit Raising the Same Issues

Perkins Coie on

The court of appeal held that the plaintiff’s challenge to the City of Rohnert Park’s reapproval of a Wal-Mart grocery store was barred by the doctrine of res judicata because a prior proceeding had raised the same issues. ...more

Miller Starr Regalia

Second General Plan Consistency Challenge to Re-Approval of Wal-Mart Expansion Project Fails on Procedural Grounds

Miller Starr Regalia on

On September 26, 2018, the First District Court of Appeal partially published Atwell v. City of Rohnert Park, __ Cal.App.5th __ (2018) (Case Nos. A151896, A153011), a decision originally filed on September 18, 2018,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Proposed Bayou Bridge Pipeline/Louisiana: Environmental Organizations File Federal District Court Challenge to U.S. Corps of...

A number of environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”)in the United States District Court for Middle District of Louisiana challenging certain federal permits and...more

Troutman Pepper

NY Seizes on Recent D.C. Circuit Decision to Deny Pipeline Permits

Troutman Pepper on

The U.S. Court of Appeals for the D.C. Circuit’s recent decision in Sierra Club v. FERC (Southeast Market Pipelines Project), No. 16-1329 (D.C. Cir. 2017), has already had an impact on the natural gas industry and resulted in...more

Snell & Wilmer

DC Circuit Rules that FERC Must Consider Global Warming in Approving New Natural Gas Pipelines

Snell & Wilmer on

The United States has one of the most extensive natural gas pipeline networks in the world. This vast network enables the ongoing switch away from coal-fired generation and toward a renewables and natural gas-based electric...more

Perkins Coie

FERC Failed to Adequately Consider Environmental Impacts of Downstream GHG Emissions Under NEPA Says D.C. Circuit

Perkins Coie on

The U.S. Court of Appeals for the District of Columbia last week vacated and remanded a 2016 Order by the Federal Energy Regulatory Commission that had authorized construction and operation of the Southeast Market Pipelines...more

Pillsbury - Gravel2Gavel Construction & Real...

DC Circuit: FERC’s EIS For Southeast Market Pipelines Project Is Deficient

On Tuesday, the U.S. Court of Appeals for the DC Circuit, in the case of Sierra Club, at al., v. FERC, rejected most of the arguments made against the Federal Energy Regulatory Commission’s (FERC) decision to approve the...more

Allen Matkins

California Environmental Law & Policy Update - August 2016 #2

Allen Matkins on

Environmental and Policy Focus - In California's climate debate, state lawmakers push for more authority - Los Angeles Times - Aug 11 - Over the last two weeks, a bipartisan group of assembly members have...more

Stoel Rives LLP

Environmental Challenge Blasts Kern County Oil and Gas Rules

Stoel Rives LLP on

On Thursday, December 10, environmental organizations filed a complaint against Kern County in California Superior Court alleging that the County violated the California Environmental Quality Act (“CEQA”) by preparing a...more

Miller Starr Regalia

Proposed CEQA Guidelines Amendments: A Critique Of OPR’s “Preliminary Discussion Draft” (Part I – Proposed “Efficiency...

Miller Starr Regalia on

On August 11, 2015, the Governor’s Office of Planning and Research (OPR) released a 145-page “Preliminary Discussion Draft” of “Proposed Updates to the CEQA Guidelines” (the “Discussion Draft”). The Discussion Draft “contains...more

Perkins Coie

California Supreme Court Poised To Decide Key CEQA Questions: The Court’s Lineup For 2015

Perkins Coie on

The California Supreme Court’s involvement in CEQA cases has been relatively limited since he statute’s enactment in 1970, with the court taking  review of at most one or two appellate court decisions a year.  The last two...more

Snell & Wilmer

CEQA Lawsuit to Enforce Climate Change Mitigation Measure Prevails

Snell & Wilmer on

On October 29, 2014 the California Court of Appeal affirmed a trial court’s judgment enforcing a mitigation measure adopted by a county in its program environmental impact report (PEIR). As of the date of this blog post,...more

Miller Starr Regalia

Supreme Court Adds Another CEQA Case To Its Docket, Will Review Fifth District’s Sierra Club v. County of Fresno (“Friant Ranch”)...

Miller Starr Regalia on

On October 1, 2014, the California Supreme Court granted the Real Party in Interest developer’s petition for review in Sierra Club v. County of Fresno (5th Dist. 2014) 226 Cal.App.4th 704, now unciteable and pending review...more

BakerHostetler

BLM Agrees to Complete Hydraulic Fracturing EIS for Leases in California

BakerHostetler on

A recent agreement between environmentalists and the Bureau of Land Management (BLM) may open the floodgates to challenges of the sufficiency of Environmental Assessments (EA) or Environmental Impact Statements (EIS) for oil...more

Manatt, Phelps & Phillips, LLP

Sierra Club v. County of Fresno

Why it matters: The court refined its previous test for air quality impacts analysis under CEQA, and required recirculation of an EIR due to its failure to specifically analyze the impacts on human health resulting from the...more

Stoel Rives LLP

What's a ROG and Can It Hurt Me? EIR Overturned For Failure to Explain Air Quality Impacts to Human Health

Stoel Rives LLP on

In Sierra Club v. County of Fresno (Cal. Ct. App. 5th Dist. May 27, 2014), the Fifth Appellate District found fault with the County of Fresno’s (County) review of the Friant Ranch Project (Project) under the California...more

Nossaman LLP

Calif. Projects Must Take Health Impacts Into Account

Nossaman LLP on

In Sierra Club v. County of Fresno, a decision that will likely impact projects across California, the Court of Appeal for the Fifth Appellate District issued its second major California Environmental Quality Act ("CEQA")...more

Miller Starr Regalia

Fifth District Decides Significant CEQA Air Quality/Health Impact Analysis and Mitigation Issues In Sierra Club v. County of...

Miller Starr Regalia on

In a lengthy and scholastic published opinion filed May 27, 2014, the Fifth District Court of Appeal reversed and remanded the trial court’s decision, which had upheld the EIR and other approvals (including a General Plan...more

Sheppard Mullin Richter & Hampton LLP

EIR Air Quality Analysis Insufficient: Lack of Specificity Regarding Human Health Impacts, Mitigation Measure Enforceability, and...

Faced with an appeal of the Superior Court of Fresno’s approval of a controversial Environmental Impact Report, the Fifth District Court of Appeal reversed and found that the challenged EIR violated the California...more

Nossaman LLP

Fifth District Says Show Me the Health Impacts, Not Just the Numbers

Nossaman LLP on

In a decision that will likely impact projects all across the state, the Court of Appeal for the Fifth Appellate District issued its second major CEQA decision of the year, finding that when a project will result in pollutant...more

Allen Matkins

California Environmental Law and Policy Update - February 21, 2013

Allen Matkins on

In This Issue: Environmental and Policy Focus - California holds second auction of carbon credits; Doubts voiced on fracking oversight at California hearing; BLM sued over Solar Energy Zones; Plan to remove bike...more

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