News & Analysis as of

State and Local Government Environmental Review

Brownstein Hyatt Farber Schreck

2023 CEQA Legislative Recap: Insignificant Effects, Housing Exemptions, and Streamlining

Several modest amendments to CEQA took effect on Jan. 1, 2024. Our CEQA News You Can Use team summarized a few of changes to keep in mind in the new year....more

Farrell Fritz, P.C.

Exact Compliance with SEQRA Architectural Conditions Are Enforceable

Farrell Fritz, P.C. on

Recently in BMG Monroe I, LLC v. Village of Monroe Zoning Board of Appeals, the Second Department reinforced strict compliance with all State Environmental Quality Review Act (“SEQRA”) visual impact findings and mitigation...more

Verrill

Unveiling the ResilientMass Plan

Verrill on

On Tuesday, November 28, 2023, Massachusetts released an updated version of the State Hazard Mitigation and Climate Adoption Plan, the “ResilientMass Plan.”...more

Nossaman LLP

CEQA Reform: Making Sense of California’s Budget Trailer Bill

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On June 12, 2023, each house of the California State Legislature released the proposed language of the Budget Act of 2023. The Legislature’s proposal excludes the California Environmental Quality Act (CEQA) and permit...more

Brownstein Hyatt Farber Schreck

What’s Happening at the California Capitol? Another Pass at CEQA and Housing Streamlining

In this alert, Brownstein outlines Gov. Gavin Newsom’s latest swing at the California Environmental Quality Act (CEQA) and provides the updates (and potentially what to expect) regarding two new bills introduced by Sen. Scott...more

Ballard Spahr LLP

New York City’s Congestion Pricing Program Moves Forward

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Summary - The nation’s first variable tolling program in a central business district (CBD) reached a new milestone, bringing New York City’s Metropolitan Transportation Authority (MTA) closer to its goal of launching...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - Vol. 8, Issue 1

Noisy college students, the new CEQA impact? Would you be surprised to learn that college students can throw noisy parties? Uh, no, but it may be a surprise that they constitute a potentially significant environmental impact...more

Perkins Coie

33rd Annual Land Use & Development Law Briefing - 2023

Perkins Coie on

Land Use and Development Case Summaries 2023 Land Use and Development Law Briefing (Short Form) 1. Planning And Zoning - OLD EAST DAVIS NEIGHBORHOOD ASSOCIATION V. CITY OF DAVIS 73 Cal. App. 5th 895 (2022) The court...more

Perkins Coie

Athletic Field Lighting Project Not Categorically Exempt from CEQA

Perkins Coie on

The First District Court of Appeal overturned the City of San Francisco’s decision that Saint Ignatius High School’s project to install four permanent 90-foot-tall athletic field lights was exempt from CEQA.  Saint Ignatius...more

Allen Matkins

California Environmental Law & Policy Update - April 2022 #4

Allen Matkins on

Biden restores stricter environmental review of big projects under NEPA Bullet Associated Press - April 19 The Biden administration is restoring federal regulations that require rigorous environmental review of major...more

Allen Matkins

Three New California Laws to Facilitate Housing Production

Allen Matkins on

The California Legislature and Governor approved three key housing bills in 2021, to facilitate housing production in California. SB 8 (Senator Skinner) extends and expands the Housing Crisis Act of 2019 (SB 330). SB 9...more

Perkins Coie

All Projects—Including Non-Occupancy Structures—Require Climate Action Plan Consistency Analysis to Benefit from Streamlined GHG...

Perkins Coie on

The City of San Diego’s approval of underground utility lines was incomplete because its Climate Action Plan checklist improperly allowed certain non-occupancy projects to avoid greenhouse gas emission (GHG) consistency...more

Coblentz Patch Duffy & Bass

2021 Housing Legislation Overview: Major Bills Signed, More on Governor’s Desk

While the 2020-2021 California Legislative Session was dominated by the ongoing COVID-19 health crisis and the ultimately unsuccessful Gubernatorial recall election, there were significant efforts made to change statewide...more

Downey Brand LLP

In First Published Opinion Interpreting SB 35, Court of Appeal Rejects City of Berkeley’s Attempts to Avoid Application of the Law...

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On April 20, 2021, the First District Court of Appeal filed its first published opinion interpreting California Senate Bill 35’s streamlining provisions in Ruegg & Ellsworth v. City of Berkeley. The Court held that the City...more

Nossaman LLP

Podcast: CEQA Streamlining for Transportation Projects

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The California Environmental Quality Act (CEQA) requires state and local government agencies to identify potentially significant environmental impacts of proposed projects and to reduce those impacts wherever feasible. For...more

Farrell Fritz, P.C.

A Win for Wind Power: Court Affirms Decision to Forgo Supplemental SEQRA Review of 600-Foot Wind Turbines

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The controversy in Matter of McGraw v Town Board of Town of Villenova (4th Dept Docket No CA 19-01362, Aug. 20, 2020) arose from the environmental review conducted on a proposed wind farm in upstate New York. The developer of...more

Lowenstein Sandler LLP

New Jersey Enacts First-Of-Its-Kind Environmental Justice Legislation

Lowenstein Sandler LLP on

Since his inauguration in January 2018, New Jersey Governor Philip D. Murphy has steadily advanced an aggressive environmental justice agenda. On April 20, 2018, he signed Executive Order No. 23, which directed the New Jersey...more

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

Ethylene Oxide/Informing Area Residents About Health Concerns: U.S. EPA Office of Inspector General Issues Management Alert

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a March 31st management alert titled: Prompt Action Needed to Inform Residents Living Near Ethylene Oxide-Emitting...more

Farrell Fritz, P.C.

When it Comes to SEQRA, Reasonable Agencies Are Allowed to Disagree

Farrell Fritz, P.C. on

In SEQRA litigation, there is an oft-quoted proposition that the Lead Agency may not abdicate or defer its responsibilities under SEQRA to another agency. See Riverkeeper, Inc. v. Planning Bd. of Town of Se., 9 N.Y.3d 219,...more

Best Best & Krieger LLP

CEQA Document Filing Fees Increase for 2020

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California Department of Fish and Wildlife Annual Adjustments - The California Department of Fish and Wildlife announced an increase in filing fees for all California Environmental Quality Act Notices of Determination...more

Farrell Fritz, P.C.

The Appellate Division, Third Department, Holds a Brewpub May Be an Accessory Use to a Golf Course

Farrell Fritz, P.C. on

While the Town of Halfmoon (“Town”) in Saratoga County, New York,  may be far from any given reader, the issues in Micklas v. Town of Halfmoon Planning Board, 170 A.D.3d 1483 (3d Dep’t 2019), are close to the heart: whether a...more

Farrell Fritz, P.C.

Time-Frames for Prosecuting an Article 78 Challenge May Be Shorter Than You Think

Farrell Fritz, P.C. on

In Rimler v. City of New York, 2019 N.Y. Slip Op. 03599 (2d Dept, May 8, 2019), which involved a challenge to the issuance of a negative declaration, the Appellate Division, Second Department, affirmed a judgment of the...more

Best Best & Krieger LLP

CEQA Compliance for Businesses - BB&K’s Charity Schiller and Amanda Daams Warn Why Businesses Should Heed CEQA’s Changing...

Businesses seeking discretionary approvals or development permits are often subject to the California Environmental Quality Act. CEQA, the state’s environmental protection law, requires California public agencies to analyze...more

Coblentz Patch Duffy & Bass

Update On SF Planning Department’s Streamlined Review Procedures for Development Projects

In February, the San Francisco Planning Department issued the first quarterly performance report for implementation of its Process Improvements Plan, a program intended to overhaul the project review process. ...more

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

2019 Environmental Awards: Arkansas Department of Environmental Quality Accepting Applications

The Arkansas Department of Environmental Quality (“ADEQ”) announced it is accepting applications for the 2019 Environmental Awards. For the past 15 years, ADEQ has recognized environmental leaders from around the Natural...more

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