Megan V. Unger

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New NEPA Rule Restores Demanding Environmental Review Practices for Major Federal Projects

On April 19, 2022, the Biden administration finalized a new rule (“Final Rule”) rolling back the Trump administration’s 2020 changes limiting the scope of the National Environmental Policy Act (NEPA). The Final Rule re-establishes the prior broader scope of NEPA review, restores key provisions of NEPA that existed prior to 2020, and requires a more … Continue Reading

BAAQMD Modifies its CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plans

  On April 20, 2022, the Bay Area Air Quality Management District (BAAQMD) adopted changes to its thresholds for evaluating the significance of climate impacts from land use projects and plans under CEQA.  These thresholds of significance changes are important because they can be used by agencies as guidelines for determining climate impacts from projects … Continue Reading

California Enacts More Than Two Dozen Laws This Year to Combat Housing Crisis

This legislative year, Governor Gavin Newsom signed into law thirty-one pieces of legislation designed to combat California’s ongoing housing crisis by providing tools to expand housing production, streamline housing permitting, and increase allowable density across the state.  Key housing-related bills, which take effect on January 1, 2022, unless otherwise noted, are discussed below. SB 7, … Continue Reading

First District Court of Appeal Finds CEQA Claim Time-Barred Due to Insufficient Tolling Agreement

  On June 30, 2021, in Save Lafayette Trees, et. al v. East Bay Regional Park District (Pacific Gas and Electric Company, Real Party in Interest), the First District Court of Appeal upheld the dismissal of a CEQA claim as time-barred because it found that PG&E, a necessary and indispensable party, was not bound to … Continue Reading

In First Published Opinion Interpreting SB 35, Court of Appeal Rejects City of Berkeley’s Attempts to Avoid Application of the Law and Orders Streamlined Approval of Mixed-Use Infill Project

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 of Berkeley erred in finding a mixed-use development project ineligible for SB 35 streamlining.  Because the project met the … Continue Reading

California Supreme Court Grants Review of Third District’s Preemption Decision

On December 11, 2019, the California Supreme Court granted review of the Third District’s decision in County of Butte v. Department of Water Resources, dismissing a CEQA challenge to DWR’s relicensing application to the Federal Energy Regulatory Commission (FERC) for the Oroville Dam on the basis that the claim was preempted by federal law. The … Continue Reading
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