Category: Legislation

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For the First Time in Forty Years, White House Council on Environmental Quality Poised to Propose Major Overhaul of its Implementing Regulations Under NEPA

On June 20, 2018, the White House Council on Environmental Quality (CEQ) issued an advanced notice of proposed federal rulemaking, soliciting public comments on whether and how CEQ should update its National Environmental Policy Act (NEPA) implementing regulations. Comments on the proposed rulemaking are due July 20, 2018.… Continue Reading

Appeals Court Finds that EIR for Planned Los Angeles Railyard for Storage and Transfer of Goods Failed to Sufficiently Consider Air Quality Impacts

On January 12, 2018, the First Appellate District held that the California Attorney General need not exhaust administrative remedies in order to contest the adequacy of Environmental Impact Reports (EIRs) under the California Environmental Quality Act (CEQA), as is normally required of third-party challengers under Section 21177.  City of Long Beach v. City of Los … Continue Reading

State Legislature Reaches Agreement on Extension of the Greenhouse Gas Cap-and-Trade Program; Stops the Bay Area Air Quality Management District’s Proposed Cap (and-No-Trade)

On July 17, 2017 the California legislature approved an extension of the state’s greenhouse gas cap-and-trade program from 2020 to 2030.  Cap-and-trade is a key program in the state’s efforts to meets its 2030 greenhouse gas reduction goals of 40% below 1990 levels covering emissions from industrial facilities and electricity and natural gas suppliers. Governor … Continue Reading

Legislature Extends Judicial Streamlining For Environmental Leadership Projects For Two Years, Through 2018

On August 26, Governor Brown signed SB 734 into law, extending by two years the sunset date of the Jobs and Economic Improvement Through Environmental Leadership Act of 2011 (the “Act”) – from January 1, 2017 to January 1, 2019 – and making two significant changes to the Act. The Act, codified at Public Resources … Continue Reading
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