News & Analysis as of

Environmental Policies California Environmental Quality Act Air Pollution

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

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

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

Downey Brand LLP

Second Appellate District Expands Baseline Analysis in Upholding Environmental Impact Report for Refinery Project Intended to Help...

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Last month, the Second Appellate District upheld the South Coast Air Quality Management District’s (“Air District”) Environmental Impact Report (“EIR”), which the Air District prepared to analyze the environmental impacts of...more

Nossaman LLP

Greenhouse Gas Emissions Analysis: Court Finds Expert State Agency Data Not Good Enough

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On September 28, 2018, the Fourth District Court of Appeal in Golden Door Properties, LLC v. County of San Diego (“Golden Door”) invalidated the County of San Diego’s recommended efficiency metric for analyzing the...more

Miller Starr Regalia

Fall 2014 CEQA Roundup: Legislative and Regulatory Developments

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A number of recent legislative and regulatory developments in or related to CEQA will impact public agencies, developers, and practitioners in the coming year. Some significant recent developments include: SB 743...more

Stoel Rives LLP

Ground Control to Major Tom: Appeals Court Shuts Down CEQA Challenge to San Jose Airport Master Plan

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In Citizens Against Airport Pollution v. City of San Jose, No. H038781 (Cal. Ct. App. 6th Dist., June 6, 2014), Citizens Against Airport Pollution (“CAAP”) appealed the trial court’s ruling that the City of San Jose’s...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

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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

Allen Matkins

California Environmental Law and Policy Update - February 21, 2014

Allen Matkins on

Environmental and Policy Focus - White House proposes new fuel efficiency rules to reduce emissions from heavy trucks: Los Angeles Times - Feb 18 - President Obama moved ahead Tuesday with plans to further tighten...more

Miller Starr Regalia

CEQA-In-Reverse Case Opening Brief Filed In California Supreme Court

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The California Building Industry Association (CBIA) laid out its case that CEQA contains no general directive requiring analysis of the existing environment’s impacts on a future project in a 50-page opening brief filed in...more

Miller Starr Regalia

Supreme Court Will Review “CEQA-In-Reverse” Issue In CBIA Case Challenging 2010 BAAQMD Air Quality Guidelines

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On November 26, 2013, the California Supreme Court by unanimous vote granted review of a fundamental legal issue that repeatedly has surfaced in recent years in both published appellate opinions and the legislative debate...more

Miller Starr Regalia

Third District Holds CEQA Analysis of GHG Emissions Was Inadequately Quantified To Support EIR’s Mitigation Conclusion in Friends...

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In a partially published opinion filed August 19, 2013, the Third District Court of Appeal reversed a judgment denying a writ petition challenging a Wal-Mart Supercenter that would replace an existing Wal-Mart store....more

Sheppard Mullin Richter & Hampton LLP

Adopting Thresholds of Significance Under CEQA Not Subject to CEQA Review

In California Building Industry Association v. Bay Area Air Quality Management District (CBIA) (Case No. A135335 (Cal. Ct. App. 1st, August 13, 2013)), the First District Court of Appeal overturned the trial court and held...more

Miller Starr Regalia

Adoption of CEQA Thresholds of Significance Is Not A CEQA “Project,” First District Holds In Reinstating BAAQMD’s 2010 Air Quality...

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In a published opinion filed August 13, 2013, the First District Court of Appeal, Division Five, reversed a trial court judgment that had invalidated the Bay Area Quality Management District’s (BAAQMD) adoption of 2010 “CEQA...more

Stoel Rives LLP

Appellate Court Finds BAAQMD CEQA Significance Thresholds Did Not Violate CEQA

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Greenhouse Gas and Toxic Air Contaminant CEQA Thresholds May Soon Be Reinstated - In California Building Industry Association v. Bay Area Air Quality Management District (filed August 13, 2013) (“CBIA”) , the First...more

Best Best & Krieger LLP

Court of Appeal Rules Setting Thresholds is Not a "Project" Under CEQA - Air District’s CEQA Thresholds for Greenhouse Gases...

Yesterday, the Court of Appeal for the First District issued its ruling in California Building Industry Association v. Bay Area Air Quality Management District. In a win for public agencies, the court held that establishing...more

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