Kathryn L. Oehlschlager

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With more than a decade of experience in environmental law, Kathryn Oehlschlager has built a robust practice spanning environmental and land use compliance counselling, state and federal enforcement defense, and major litigation.

Public and private clients turn to Kathryn for advice on compliance with all facets of environmental and land use law, including CEQA, NEPA, federal and state endangered species laws, contaminated site remediation, water quality and supply issues, and laws regulating solid and hazardous waste.  She routinely represents clients in all aspects of the California Environmental Quality Act (CEQA) project review process, including preparation, review, and analysis of negative declarations, draft environmental impact reports, and final environmental impact reports. (Read more…)

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Ninth Circuit Upholds Final EIS for Tahoe Area Regional Plan Update

In Sierra Club v. Tahoe Regional Planning Agency, the Ninth Circuit affirmed the district court’s summary judgment in favor of the Tahoe Regional Planning Agency (“TRPA”), finding that the TRPA’s final Environmental Impact Statement (“EIS”) for the agency’s Regional Plan Update (“RPU”) sufficiently addressed localized impacts on soil erosion and water quality. The 2012 RPU, … Continue Reading

Fifth District Allows Real Party to Recover Costs of Record Preparation

On, September 12, 2015, the Fifth District Court of Appeal issued its opinion in Citizens for Ceres v. City of Ceres (2016) _Cal.App.5th_.  The opinion authorized real-parties-in-interest to recover costs of record preparation, as long as the record was prepared in a manner prescribed by Public Resources Code section 21167.6. The petitioners in this action … Continue Reading

Court of Appeal Rejects Use of Categorical Exemption, Muddies the Waters on Standard of Review for Exceptions

The Fourth District has waded into the world of CEQA exemptions, holding that the City of Palm Springs improperly relied upon the Class 5 categorical exemption for “minor alterations in land use limitations.” However, in a confusing discussion of whether an exception to that exemption might apply, the Court seemed to ignore the Supreme Court’s … Continue Reading

The End (of LOS) is Nigh: OPR’s Revised Proposal on Analysis of Transportation Impacts

In late January, the Governor’s Office of Planning and Research (OPR) released its revised proposal to update the CEQA Guidelines with respect to the analysis of transportation impacts. OPR has not backed off from the main thrust of its original proposal: abandonment of “level of service” (LOS) in favor of “vehicle miles travelled” (VMT) as … Continue Reading
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