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Environmental Policies CA Supreme Court

Meyers Nave

Court of Appeal Confirms (Again) that CEQA Statute of Limitations Runs from the First Project Approval

Meyers Nave on

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

Nossaman LLP

UPDATE: Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

Nossaman LLP on

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

Goldberg Segalla

California Supreme Court Holds Local Ordinance Banning Oil and Gas Drilling Preempted by State Law

Goldberg Segalla on

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

Allen Matkins

California Environmental Law & Policy Update - June 2022 #3

Allen Matkins on

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

Perkins Coie

California Court Rules Bees Can Be Listed Under the California Endangered Species Act

Perkins Coie on

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

Allen Matkins

Sustainable Development and Land Use Update - March 2022 #2

Allen Matkins on

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

Allen Matkins

California Environmental Law & Policy Update - February 2021

Allen Matkins on

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

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - Vol. 5, Issue 4 - December 2020

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

Sheppard Mullin Richter & Hampton LLP

California Supreme Courts Holds Categorical Classification of Well Permits As Exclusively “Ministerial” Does Not Hold Water

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

Perkins Coie

CEQA Year in Review 2019

Perkins Coie on

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

Allen Matkins

California Supreme Court Reinforces CEQA’s Definition of a Project

Allen Matkins on

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

Downey Brand LLP

California Supreme Court Holds Medical Marijuana Zoning Ordinance is a Project Subject to CEQA

Downey Brand LLP on

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

Best Best & Krieger LLP

California Supreme Court Clarifies CEQA’s Most Fundamental Question: What is a “Project?”

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

Sheppard Mullin Richter & Hampton LLP

EIR for Downtown San Francisco Mixed-Use Project Upheld Under Supreme Court’s Newly Articulated Standard of Review

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

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Clarifies Scope of De Novo and Substantial Evidence Standards Of Review In CEQA Cases

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

Perkins Coie

CEQA Year In Review 2018

Perkins Coie on

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

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

Pillsbury Winthrop Shaw Pittman LLP

Natural Resources Agency Finalizes Updates to the CEQA Guidelines

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

Perkins Coie

CEQA Year In Review 2017

Perkins Coie on

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

Best Best & Krieger LLP

California Supreme Court Strengthens Development Permit Protections

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

Best Best & Krieger LLP

Property Owner Forfeited Right to Challenge Coastal Commission Permit by Constructing Seawall - California Supreme Court Decision...

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

Allen Matkins

California Environmental Law & Policy Update - June 2017 #2

Allen Matkins on

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

Perkins Coie

Courts Must Defer to Agency Determination on Whether a Changed Project is a New Project

Perkins Coie on

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

Allen Matkins

California Environmental Law & Policy Update - September 2016

Allen Matkins on

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

Morrison & Foerster LLP

Is California Really Going to Mandate an 80% Reduction in Greenhouse Gases Below 1990 Levels by 2050?

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

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