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[Podcast] Keith Matthews and Chris Wozniak: Talking Ag Biotech Episode 5
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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
UPDATE: On August 23, 2023 the California Supreme Court, sitting en banc, denied Waterkeeper’s petition for review. The Second District Court of Appeal’s ruling therefore remains the governing law....more
Last week, the California Supreme Court, in a rare unanimous ruling, struck down a Monterey County voter-approved local initiative that would have banned oil and gas drilling and imposed severe restrictions on oil and gas...more
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
In a notable decision interpreting the California Endangered Species Act (CESA), a California court of appeal ruled that insects are eligible for listing as threatened, endangered, or candidate species under the act. See...more
UC Berkeley ordered to freeze enrollment due to CEQA lawsuit Associated Press – March 3 The California Supreme Court ordered UC Berkeley last Thursday to freeze its undergraduate enrollment at 2020-21 levels...more
DOJ to let companies pay for environmental projects again to reduce fines - The Hill – February 5 - The Department of Justice (DOJ) has eliminated nine Trump-era directives on environmental law enforcement, including...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 your...more
After a nearly two-year wait, in Protecting Our Water and Environmental Resources v. County of Stanislaus (2020) __ Cal.5th ____ (POWER), the California Supreme Court unanimously rejected the County of Stanislaus’s (County)...more
A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The year 2019 saw several trailblazing opinions, indicating that courts continue to grapple with some of CEQA’s core policies. The...more
In Union of Medical Marijuana Patients, Inc. v. City of San Diego, the California Supreme Court considered the definition of a "project" under the California Environmental Quality Act (CEQA). The Court held that a lead...more
Every CEQA analysis begins with the threshold question of whether the activity is a “project” as defined by Public Resources Code section 21065 and 21080. In Union of Medical Marijuana Patients, Inc. v. City of San Diego, the...more
Union of Medical Marijuana Patients, Inc. v. City of San Diego - In a long-awaited decision, the California Supreme Court held this week that whether an activity is a “project” subject to environmental review under the...more
The belatedly published South of Market Community Action Network v. City and County of San Francisco (2019) ___ Cal.App.5th ___ (“South of Market”), is the first published decision in which the court applies the principles...more
In Sierra Club v. County of Fresno (S219783), the California Supreme Court unanimously reaffirmed that the substantial evidence standard of review does not always apply when a lead agency prepares an environmental impact...more
A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more
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
The final text of the comprehensive CEQA Guidelines update makes limited changes to the version proposed in January 2018. The California Natural Resources Agency has posted the final adopted text of changes to the...more
A Summary of Published Appellate Opinions Under the California Environmental Quality Act - In 2017, the California Supreme Court issued two decisions involving highly controversial questions of first impression. In the...more
Municipalities will have greater protection against land-use litigation after the California Supreme Court’s unanimous ruling last month that property owners who proceed with permitted development projects will forfeit the...more
A property owner who obtains a development permit will forfeit his right to challenge conditions imposed on that permit by proceeding with the development, the California Supreme said Thursday. ...more
Environmental and Policy Focus - EPA moves to repeal its own Obama-era “Waters of the United States” rule - The Hill - Jun 27 - The Environmental Protection Agency (EPA) formally proposed Tuesday to repeal the...more
In Friends of the College of San Mateo Gardens v. San Mateo County Community College District (Supreme Court No. S214061, filed Sept. 19, 2016), the California Supreme Court resolved the vexing question of whether a change to...more
Environmental and Policy Focus - Governor Brown and lawmakers reach deal for California climate funds - San Diego Union-Tribune - Aug 31 - California lawmakers on Wednesday approved a $900 million spending...more
The California Supreme Court has elevated the stakes even further on what has already developed into a critically important question for the future of greenhouse gas (GHG) regulation in the state. On March 11, 2015, the...more