News & Analysis as of

Judicial Review Environmental Impact Report (EIR)

BCLP

Swire v Secretary of State [2020]: A cautionary tale for applicants seeking screening directions

BCLP on

A recent High Court ruling in the case of R (Swire) v Secretary of State [2020] has highlighted the subtleties in the approach to screening decisions and particularly in the assessment of  measures to mitigate the adverse...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

Latham & Watkins LLP

California Supreme Court Clarifies Standard of Review for EIRs and Requirements for Air Quality Impact Analyses

Latham & Watkins LLP on

CEQA Case Report: Understanding the Judicial Landscape for Development - In a published opinion issued December 24, 2018, Sierra Club v. County of Fresno, Case No. S219783, the California Supreme Court determined that an...more

Perkins Coie

California Supreme Court Sets Standard for Air Quality Impact Analyses Under CEQA

Perkins Coie on

The California Supreme Court has overturned the environmental impact report for a mixed-use development project, holding that the EIR inadequately explained the human health consequences of significant air pollutant emissions...more

Downey Brand LLP

California Supreme Court Requires De Novo Review for EIR Adequacy Challenges and Imposes Heightened EIR Requirements Connecting...

Downey Brand LLP on

In a long-awaited decision, on December 24, 2018 the California Supreme Court in Sierra Club v. County of Fresno (S219783) affirmed, in part, and reversed, in part, the Fifth District Court of Appeal’s decision concerning a...more

Snell & Wilmer

Developer Awarded Cost of Preparing Administrative Record in CEQA Lawsuit

Snell & Wilmer on

Lawsuits under the California Environmental Quality Act (“CEQA”) typically proceed as petitions for administrative mandamus. This means the petitioner is asking the court to review an agency’s decision and ultimately issue a...more

Foley Hoag LLP - Environmental Law

If You Don’t Like Nukes, Petition Congress: The D.C. Circuit Affirms the NRC’s GEIR On Nuclear Waste Storage

On Friday, the D.C. Circuit Court of Appeals rejected challenges by several states and the NRDC to the Nuclear Regulatory Commission’s Generic Environmental Impact Statement analyzing the impacts of continued on-site storage...more

Miller Starr Regalia

Supreme Court Set To Hear Important CEQA Subsequent Review Case

Miller Starr Regalia on

On May 4, 2016, at 9 a.m. in its San Francisco courtroom, the California Supreme Court will hear oral arguments in yet another of the many significant CEQA cases it has tackled in recent years, this one presenting critically...more

Farella Braun + Martel LLP

New Challenges for CEQA Review of Development Projects After California Supreme Court Invalidates Greenhouse Gas Analysis and...

In a 5-2 ruling that poses significant hurdles for developers addressing greenhouse gas (GHG) compliance and protected species mitigation under the California Environmental Quality Act (CEQA), the California Supreme Court...more

Nossaman LLP

California Supreme Court Ponders Greenhouse Gas, Fully Protected Species Issues

Nossaman LLP on

The California Supreme Court heard argument on September 2, 2015 in a greenhouse gas (GHG) and fully protected species case with important state-wide implications. (Center for Biological Diversity v. Department of Fish and...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

Perkins Coie

New CEQA Bill - Cure Or Band-Aid?

Perkins Coie on

In response to a business community campaign calling for broad CEQA reform, Senate President Pro, California State Senator Tempore Darrell Steinberg, released his highly anticipated CEQA “modernization” bill (SB 731). So...more

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