Category: General

Subscribe to General RSS Feed

Surface Transportation Board Discusses Boundaries of Federal Preemption of CEQA and Local Land Use Requirements, Denies Petition by Refinery Over Crude-By-Rail Facility

The extent to which the federal Interstate Commerce Commission Termination Act (ICCTA) preempts CEQA has been a topic of much scrutiny recently. Currently pending before the California Supreme Court is Friends of the Eel River v. North Coast Railroad Authority (Case No. S222472), which will address whether the ICCTA preempts CEQA review of a state … Continue Reading

White House Council on Environmental Quality Issues Final Guidance on Consideration of Climate Change in NEPA Review

Guest author Darrin Gambelin, a Downey Brand associate, contributes today’s post. On August 1, The White House Council on Environmental Quality (CEQ) issued its Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act Reviews (Guidance), which provides federal agencies with … Continue Reading

Appellate District Rejects ‘Discovery Rule’ in CEQA Cases and Holds Challenge to Richmond Crude-By-Rail Facility Untimely Under 180-day Statute of Limitations

On July 19, the First District Court of Appeal published its opinion in Communities for a Better Environment v. Bay Area Air Quality Management District. In this case, Communities for a Better Environment (CBE) and a host of other environmental groups sought to challenge a rail-to-truck facility for the transloading of crude oil permitted by … Continue Reading

CEQA Portal, New Web Resource for CEQA Practitioners, Now Available

We want to let our readers know about the CEQA Portal, a new CEQA reference website being developed by the Association of Environmental Professionals (AEP). The site currently features two tools that CEQA lead agencies, project applicants, consultants, and attorneys will find useful. The first tool is a series of topic papers, each prepared by CEQA … Continue Reading
LexBlog