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CEQA Chronicles

Your Resource for What's New in CEQA Law and Litigation

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Addendum

NIMBYism in Newport Beach: Court Upholds Addendum for Apartment Complex Challenged by NIMBY Neighboring Commercial Property OwnerCourt Finds Use of Addendum Improper as Project’s GHG Emissions Likely Outside the Scope of Prior Programmatic EIR and Unusual Circumstances Exception Applied to Use of Infill Exemption

Administrative Record

Downey Brand Victory: EIR Upheld for Sand and Gravel Mine; Lead Agency Allowed to Recover Administrative Record CostsFourth District Finds in Favor of Project Proponent in Action Challenging Agency’s Failure to Apply Section 15183 ExemptionCalifornia Infrastructure Plan Passes; Governor’s CEQA and Species Reforms are Narrowed, but Signed into Law

Aesthetics

Fourth District Finds in Favor of Project Proponent in Action Challenging Agency’s Failure to Apply Section 15183 ExemptionStandard of Review Surprise: Fair Argument Applies Despite Prior Program EIR According to Fourth DistrictDesign Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-Making

Agricultural Resources

Downey Brand Victory: EIR Upheld for Sand and Gravel Mine; Lead Agency Allowed to Recover Administrative Record CostsIn Consolidated Appeals, Third District Upholds Multiple Trial Court Decisions in Decades-Long Litigation Over CEQA Review of State Water Project ContractsCourt Rejects CEQA and Williamson Act Challenges to a San Benito Solar Power Project

Air Quality

Bird Species of Conservation Concern Not Necessarily “Rare” for the Purposes of CEQA’s Class 32 Infill ExemptionFourth District Finds in Favor of Project Proponent in Action Challenging Agency’s Failure to Apply Section 15183 ExemptionAB 1000: Legislative Restrictions on New Warehouse Construction Granted Reconsideration in 2024

Alternatives

Extensions to State Project Long-Term Water Supply Contracts Survive AppealSixth District Says City’s Specific Plan EIR Need Not Analyze Speculative Alternative Scenario Conjured by Project OpponentsCalifornia Supreme Court Grants Review in UC Berkeley People’s Park Student Housing Case

Attorney's Fees

Downey Brand Victory: EIR Upheld for Sand and Gravel Mine; Lead Agency Allowed to Recover Administrative Record CostsCity’s Decision to Reduce Floor Area Ratio in Single-Family Residential Zone Violates State Housing LawEnvironmental Real Parties may be entitled to attorney’s fees for helping agency defend against private party attacks on highway route extension

Baseline

Downey Brand Victory: EIR Upheld for Sand and Gravel Mine; Lead Agency Allowed to Recover Administrative Record CostsExtensions to State Project Long-Term Water Supply Contracts Survive AppealCourt Finds Site Visits and Reports Taken Before and After Issuance of NOP Adequate for Establishing Biological Resources Baseline, EIR’s Emergency Evacuation Analysis Upheld

Biological Resources

Downey Brand Victory: EIR Upheld for Sand and Gravel Mine; Lead Agency Allowed to Recover Administrative Record CostsBird Species of Conservation Concern Not Necessarily “Rare” for the Purposes of CEQA’s Class 32 Infill ExemptionDesign Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-Making

CEQA Categorical Exemptions

EIR Certification and Categorical Exemption Upheld for Components of Los Angeles Westside Mobility PlanFirst District Employs New Framework for Analyzing Existing Use Exemption in Finding Conversion of Oil Extraction Well for Groundwater Injection Exempt Under CEQABird Species of Conservation Concern Not Necessarily “Rare” for the Purposes of CEQA’s Class 32 Infill Exemption

CEQA Guidelines

Are Your CEQA Thresholds Supported by Substantial Evidence? Fourth District Rules San Diego County’s Thresholds of Significance Used in Transportation Plan Lack Supporting Substantial EvidenceFirst District Employs New Framework for Analyzing Existing Use Exemption in Finding Conversion of Oil Extraction Well for Groundwater Injection Exempt Under CEQABird Species of Conservation Concern Not Necessarily “Rare” for the Purposes of CEQA’s Class 32 Infill Exemption

CEQA Legislation

Senate Bill 607 and Potential Sweeping Changes to CEQAAre Your CEQA Thresholds Supported by Substantial Evidence? Fourth District Rules San Diego County’s Thresholds of Significance Used in Transportation Plan Lack Supporting Substantial EvidenceSixth District Holds CEQA 30-Day Statute of Limitations Triggered by Local Agency’s Definition of “Final” Approval

Certified Regulatory Program

Strawberry Fields Forever - Coastal Commission Failed to Complete Environmental Review Before Project’s Approval Under Certified Regulatory Program and Engaged in Post Hoc AnalysisSB 50 “Equitable Communities Incentive” Would Exempt Affordable Housing Developments in “Job-Rich” and “Transit-Rich” Areas from Certain Zoning StandardsCARB Regulatory Advisory “Project Approval” Triggers CEQA Review Despite Agency Certified Regulatory Program, Public Testimony Must Be Adequately Addressed to Meet Cal APA Standards

Coastal Commission

Strawberry Fields Forever - Coastal Commission Failed to Complete Environmental Review Before Project’s Approval Under Certified Regulatory Program and Engaged in Post Hoc AnalysisFourth District Court of Appeal Rejects Mahon Interpretation of the Streamlining Act Notice Requirements

COVID-19

Trump Signs Executive Order Allowing Agencies to Bypass NEPA, ESA, and CWA RequirementsCOVID-19 Alert: Judicial Council Amends Emergency Rule 9 for CEQA and Planning CasesGovernor Newsom Issues Order Requiring Electronic Posting of CEQA Notices and Suspending CEQA Filing, Posting, Notice, and Tribal Consultation Requirements for 60 Days

Cultural Resources

Trial Court Upholds City’s Discretion Regarding Whether Resources Qualify as Tribal Cultural Resources; AB 52 Consultation Not Required with Tribe that Failed to Timely Request ConsultationCalifornia Supreme Court Grants Review in UC Berkeley People’s Park Student Housing CaseDesign Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-Making

Cumulative Impacts

Extensions to State Project Long-Term Water Supply Contracts Survive AppealAnother CEQA Victory for Conservation Groups in Tahoe, another GHG Mitigation Measure Held InadequateImpact Analysis and Mitigation May Be Located in Initial Study Appended to EIR; City Entitled to Deference on Interpretation of Its Municipal Code

Delayed Mitigation

Oakland and the A’s Prevail on All but One Minor Issue in Ballpark EIR Case; Wind Mitigation Found InadequateAnother CEQA Victory for Conservation Groups in Tahoe, another GHG Mitigation Measure Held Inadequate

Downey Brand CEQA Practice

California Supreme Court Reverses First District Court of Appeal's Decision in UC Berkeley People's Park Student Housing CaseTrial Court Upholds City’s Discretion Regarding Whether Resources Qualify as Tribal Cultural Resources; AB 52 Consultation Not Required with Tribe that Failed to Timely Request ConsultationDowney Brand Victory: Filing Multiple NODs does not Restart Statute of Limitations

Endangered Species Act

Four Populations of Foothill Yellow-Legged Frog Listed as Endangered or Threatened Under Federal Endangered Species ActCalifornia Infrastructure Plan Passes; Governor’s CEQA and Species Reforms are Narrowed, but Signed into Law“It just so happens that [Governor Newsom’s Sweeping New Plan to Accelerate Infrastructure Projects] is only mostly dead.” – Miracle Max from The Princess Bride

Energy Impacts

California Supreme Court Clarifies Legal Standard for State PreemptionAnother CEQA Victory for Conservation Groups in Tahoe, another GHG Mitigation Measure Held InadequateFIRST APPELLATE DISTRICT FINDS WAREHOUSE STORE PROJECT EIR FAILED TO SUFFICIENTLY ANALYZE POTENTIAL ENERGY IMPACTS IN PARTIALLY PUBLISHED OPINION

Environmental Impact Report (EIR)

Sixth District Holds CEQA 30-Day Statute of Limitations Triggered by Local Agency’s Definition of “Final” ApprovalCalifornia Supreme Court Reverses First District Court of Appeal's Decision in UC Berkeley People's Park Student Housing CaseFourth District Finds in Favor of Project Proponent in Action Challenging Agency’s Failure to Apply Section 15183 Exemption

Environmental Resources

Fourth District Court of Appeal Finds Minor Telecommunications Facility on Dedicated Park Land Is Not An “Unusual Circumstance” Exception to CEQA Small Facility ExemptionPrivate Attorney General Doctrine Attorney's Fee Award Proper Where Financial Burden Disproportionate to Financial StakeThird District Court of Appeal Gives Great Deference in Quasi-Judicial Agency Decision Not to Delist Coho Salmon, Ending Decades-Long Dispute

Exceptions to CEQA Categorical Exemptions

EIR Certification and Categorical Exemption Upheld for Components of Los Angeles Westside Mobility PlanCounty Ordinance Creating Wildlife Migration Corridor Found in Compliance with CEQA and the Surface Mining and Reclamation ActFourth District Clarifies the Standard of Review for Application of Historical Resources Exemption Under CEQA

Exemptions

Governor Newsom Issues Executive Order Broadening Existing CEQA and Coastal Act Exemptions for Rebuilding in Areas Impacted by Fire and Windstorm EmergencyCEQA Legislative Fix For State Capitol Renovation Upheld, All Work Performed ExemptFirst District Employs New Framework for Analyzing Existing Use Exemption in Finding Conversion of Oil Extraction Well for Groundwater Injection Exempt Under CEQA

Exemptions and "Not a Project" Determinations

Privately Owned Public Utility Not Required to Comply With CEQA in Eminent Domain ActionNeighbor’s General Complaints of Environmental Concerns Insufficient to Exhaust Administrative Remedies as to CEQA Exemption DeterminationCalifornia Supreme Court Throws the Barn Doors Open, Finding That Groundwater Well Permits Aren’t Necessarily Ministerial

Exhaustion of Administrative Remedies

Court of Appeal Clarifies CEQA’s In-fill Exemption Requirements Sixth District Upholds City’s Rejection of Proposed Compensatory Mitigation for Demolition of Historic BuildingOakland and the A’s Prevail on All but One Minor Issue in Ballpark EIR Case; Wind Mitigation Found Inadequate

Final Environmental Impact Reports

Court of Appeal Rules No Additional Environmental Review Required for Monterey Peninsula Water Supply ProjectSixth District Upholds City’s Rejection of Proposed Compensatory Mitigation for Demolition of Historic BuildingDesign Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-Making

General

Sackett v. EPA: U.S. Supreme Court Redefines Waters of the United States, Eliminating Federal Jurisdiction Over Certain Wetlands and Other WatersThird District Finds County General Plan Requirements for Mitigating Traffic Impacts Present an Unconstitutional ExactionBiden’s Inauguration Day Executive Order on Environment and Energy Regulation

Geology/Soils

Maacama Watershed Alliance v. County of Sonoma (2019) Cal.App.5th 1007Court Turns Tide in Favor of Desalination Plant – Holds Ample Substantial Evidence Supports the Project’s EIR

Greenhouse Gas Emissions

Are Your CEQA Thresholds Supported by Substantial Evidence? Fourth District Rules San Diego County’s Thresholds of Significance Used in Transportation Plan Lack Supporting Substantial EvidenceCourt Upholds Master Plan EIR’s Climate Change Analysis that Used Sector and Region-Specific Data to Develop a Threshold of SignificanceTrial Court’s Jurisdiction over CEQA Case is Lost after Writ is Satisfied by Rescission of Project Approvals

Hazards

Oakland and the A’s Prevail on All but One Minor Issue in Ballpark EIR Case; Wind Mitigation Found InadequateGHG Mitigation Once More Found Lacking in San Diego County EIR; Fourth District Also Identifies General Plan Inconsistency but Upholds Wildfire and Air Quality Analyses in Unpublished OpinionMaacama Watershed Alliance v. County of Sonoma (2019) Cal.App.5th 1007

Historic Site

CEQA Legislative Fix For State Capitol Renovation Upheld, All Work Performed ExemptStatue’s Status is History: City Prevails in CEQA Challenge to Removal of Junipero Serra StatueSixth District Upholds City’s Rejection of Proposed Compensatory Mitigation for Demolition of Historic Building

Housing

California Supreme Court Reverses First District Court of Appeal's Decision in UC Berkeley People's Park Student Housing CaseCity of Livermore Must Process a Referendum Challenging an Affordable Housing Development ProjectHAA does not Mandate Approval of Housing Project Found Inconsistent with Zoning

Impact Analysis

California Supreme Court Reverses First District Court of Appeal's Decision in UC Berkeley People's Park Student Housing CaseU.S. Supreme Court rules that legislatively-imposed permit conditions must satisfy the ‘essential nexus’ and ‘rough proportionality’ tests for takingsSixth District Says City’s Specific Plan EIR Need Not Analyze Speculative Alternative Scenario Conjured by Project Opponents

Initial Studies

Fourth District Finds in Favor of Project Proponent in Action Challenging Agency’s Failure to Apply Section 15183 ExemptionImpact Analysis and Mitigation May Be Located in Initial Study Appended to EIR; City Entitled to Deference on Interpretation of Its Municipal CodeFirst Appellate District Denies Initial Study Noise Level Challenge to Transitional Housing Project Based on Non-Expert Analysis

Land Use/Planning

U.S. Supreme Court Limits Use of Environmental Review as a RoadblockSixth District Holds CEQA 30-Day Statute of Limitations Triggered by Local Agency’s Definition of “Final” ApprovalU.S. Supreme Court rules that legislatively-imposed permit conditions must satisfy the ‘essential nexus’ and ‘rough proportionality’ tests for takings

Legislation

CEQA Legislative Fix For State Capitol Renovation Upheld, All Work Performed ExemptCalifornia Supreme Court Reverses First District Court of Appeal's Decision in UC Berkeley People's Park Student Housing CaseAnnual Legislative Update: Important Land Use Laws Taking Effect in 2024

Litigation

CEQA Causes of Action Based on the Subdivision Map Act May be Subject to the Subdivision Map Act’s Statute of LimitationsEIR Certification and Categorical Exemption Upheld for Components of Los Angeles Westside Mobility PlanFirst District Holds that Analysis of Development’s Increased Wildfire Risk is a Necessary Component of Project EIR

Mitigated Negative Declaration (MND)

Trial Court Upholds City’s Discretion Regarding Whether Resources Qualify as Tribal Cultural Resources; AB 52 Consultation Not Required with Tribe that Failed to Timely Request ConsultationDowney Brand Victory: Filing Multiple NODs does not Restart Statute of LimitationsTrial Court’s Jurisdiction over CEQA Case is Lost after Writ is Satisfied by Rescission of Project Approvals

Mitigation

EIR Certification and Categorical Exemption Upheld for Components of Los Angeles Westside Mobility PlanFirst District Employs New Framework for Analyzing Existing Use Exemption in Finding Conversion of Oil Extraction Well for Groundwater Injection Exempt Under CEQASixth District Upholds City’s Rejection of Proposed Compensatory Mitigation for Demolition of Historic Building

Mootness

California Supreme Court Reverses First District Court of Appeal's Decision in UC Berkeley People's Park Student Housing CaseProject’s Completion Did Not Moot CEQA ClaimStandard of Review Surprise: Fair Argument Applies Despite Prior Program EIR According to Fourth District

Negative Declaration

Trial Court Upholds City’s Discretion Regarding Whether Resources Qualify as Tribal Cultural Resources; AB 52 Consultation Not Required with Tribe that Failed to Timely Request ConsultationDowney Brand Victory: Filing Multiple NODs does not Restart Statute of LimitationsProject Applicants and Lead Agencies Cannot Have it Both Ways: CEQA Requires Preparation of an MND or EIR, But Not Both

NEPA

U.S. Supreme Court Limits Use of Environmental Review as a RoadblockThe Fiscal Responsibility Act’s Modest NEPA Amendments to Streamline Project ReviewNinth Circuit Holds That a Project’s NEPA Analysis Need Not Explain Why Its Impact Significance Conclusions Differ from CEQA Analysis of the Same Project; Dissent Perceives Environmental Racism at Work

News

Governor Newsom Issues Executive Order Broadening Existing CEQA and Coastal Act Exemptions for Rebuilding in Areas Impacted by Fire and Windstorm EmergencyFour Populations of Foothill Yellow-Legged Frog Listed as Endangered or Threatened Under Federal Endangered Species ActCalifornia Infrastructure Plan Passes; Governor’s CEQA and Species Reforms are Narrowed, but Signed into Law

Noise

California Supreme Court Reverses First District Court of Appeal's Decision in UC Berkeley People's Park Student Housing CaseFourth District Finds in Favor of Project Proponent in Action Challenging Agency’s Failure to Apply Section 15183 ExemptionCalifornia Supreme Court Grants Review in UC Berkeley People’s Park Student Housing Case

Non-discretionary Action

Project’s Completion Did Not Moot CEQA ClaimCalifornia Supreme Court Throws the Barn Doors Open, Finding That Groundwater Well Permits Aren’t Necessarily MinisterialFifth Appellate District Invalidates Kern County Oil and Gas Ordinance

Our Cases

Downey Brand Victory: Filing Multiple NODs does not Restart Statute of LimitationsApproval of Initial Entitlement Triggers CEQA Statute of Limitations, Even Where Project Requires Additional Entitlements for ImplementationIn Unpublished Opinion, Court Finds Los Angeles Development Project Description Accurate and Stable Despite a New Alternative Being Added to the FEIR and Approval of a Variation of that New Alternative

Planning and Zoning

Project’s Completion Did Not Moot CEQA ClaimHAA does not Mandate Approval of Housing Project Found Inconsistent with ZoningCalifornia Loses a Talented Planner: A Remembrance

Population/Housing

Court of Appeal Clarifies CEQA’s In-fill Exemption Requirements Sacramentans for Fair Planning v. City of Sacramento (2019) 37 Cal.App.5th 698, 704.Hollywoodians Encouraging Rental Opportunities v. City of Los Angeles (2019) 37 Cal.App.5th 768, 772-773.

Pre-Commitment (Save Tara)

Discretionary Reductions in Water Deliveries Allowed Under Terms of Existing Leases are not a New CEQA ProjectCEQA Lawsuit, Latest in Decades of Local Opposition Delaying Marin County Housing Development, Met with Judicial Rebuke: “Something is very wrong with this picture”Approval of Initial Entitlement Triggers CEQA Statute of Limitations, Even Where Project Requires Additional Entitlements for Implementation

Procedural Issues

Sixth District Holds CEQA 30-Day Statute of Limitations Triggered by Local Agency’s Definition of “Final” ApprovalCEQA Causes of Action Based on the Subdivision Map Act May be Subject to the Subdivision Map Act’s Statute of LimitationsDowney Brand Victory: EIR Upheld for Sand and Gravel Mine; Lead Agency Allowed to Recover Administrative Record Costs

Project Description/Piecemealing

Extensions to State Project Long-Term Water Supply Contracts Survive AppealDesign Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-MakingIn Unpublished Opinion, Court Finds Los Angeles Development Project Description Accurate and Stable Despite a New Alternative Being Added to the FEIR and Approval of a Variation of that New Alternative

Public Services

Design Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-MakingON REMAND, FIRST DISTRICT MODIFIES CITY OF HAYWARD OPINION TO REQUIRE FURTHER CONSIDERATION OF THE FEASIBILITY OF OFF-SITE MITIGATIONNewly Published Appellate Decision Holds Analysis of Parkland Impacts for Campus Master Plan Fails to Comply with CEQA

Recirculation

Extensions to State Project Long-Term Water Supply Contracts Survive AppealOakland and the A’s Prevail on All but One Minor Issue in Ballpark EIR Case; Wind Mitigation Found InadequateDesign Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-Making

Recreation

Public Trust Doctrine Applies to Groundwater, Sustainable Groundwater Management Act Exists Concurrently with Common Law and Did Not “Occupy the Field”ON REMAND, FIRST DISTRICT MODIFIES CITY OF HAYWARD OPINION TO REQUIRE FURTHER CONSIDERATION OF THE FEASIBILITY OF OFF-SITE MITIGATIONNewly Published Appellate Decision Holds Analysis of Parkland Impacts for Campus Master Plan Fails to Comply with CEQA

Remedies

Supreme Court Declines to Stay Court-Imposed Enrollment Cap at UC BerkeleyIn Consolidated Appeals, Third District Upholds Multiple Trial Court Decisions in Decades-Long Litigation Over CEQA Review of State Water Project ContractsFifth District Upholds Grant of Petition Challenging Inyo County’s Use of Eminent Domain to Acquire Ownership of Landfill Sites it Leases and Operates Under a Categorical Exemption

Responsible Agencies

Third Circuit Makes Clear That Lead Agencies and Responsible Agencies Alike Must Make Findings Under CEQAPoseidon’s Desalination Plant’s Supplemental EIR Holds Water According to the Court of AppealFirst Appellate District Approves Responsible Agency’s Imposition of Mitigation Not Considered in the EIR

Scope of CEQA

First District Holds that Analysis of Development’s Increased Wildfire Risk is a Necessary Component of Project EIRProject’s Completion Did Not Moot CEQA ClaimStatue’s Status is History: City Prevails in CEQA Challenge to Removal of Junipero Serra Statue

Significance Thresholds

Are Your CEQA Thresholds Supported by Substantial Evidence? Fourth District Rules San Diego County’s Thresholds of Significance Used in Transportation Plan Lack Supporting Substantial EvidenceAttorney General Issues Guidance Outlining Best Practices for Analyzing and Mitigating Wildfire Impacts Under CEQAAnother CEQA Victory for Conservation Groups in Tahoe, another GHG Mitigation Measure Held Inadequate

Standard of Review

Trial Court Upholds City’s Discretion Regarding Whether Resources Qualify as Tribal Cultural Resources; AB 52 Consultation Not Required with Tribe that Failed to Timely Request ConsultationFourth District Clarifies the Standard of Review for Application of Historical Resources Exemption Under CEQASixth District Says City’s Specific Plan EIR Need Not Analyze Speculative Alternative Scenario Conjured by Project Opponents

Subsequent CEQA Review

Court of Appeal Rules No Additional Environmental Review Required for Monterey Peninsula Water Supply ProjectStandard of Review Surprise: Fair Argument Applies Despite Prior Program EIR According to Fourth DistrictNIMBYism in Newport Beach: Court Upholds Addendum for Apartment Complex Challenged by NIMBY Neighboring Commercial Property Owner

Supplemental Environmental Impact Report

Standard of Review Surprise: Fair Argument Applies Despite Prior Program EIR According to Fourth DistrictSixth District Upholds City’s Rejection of Proposed Compensatory Mitigation for Demolition of Historic BuildingFirst District Court of Appeal Finds University of California’s Decision to Increase Enrollment Is Not Exempt from CEQA Review

Tiering/Streamlining

Fourth District Finds in Favor of Project Proponent in Action Challenging Agency’s Failure to Apply Section 15183 ExemptionStandard of Review Surprise: Fair Argument Applies Despite Prior Program EIR According to Fourth DistrictCalifornia Infrastructure Plan Passes; Governor’s CEQA and Species Reforms are Narrowed, but Signed into Law

Transportation

U.S. Supreme Court Limits Use of Environmental Review as a RoadblockNIMBYism in Newport Beach: Court Upholds Addendum for Apartment Complex Challenged by NIMBY Neighboring Commercial Property OwnerDesign Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-Making

Uncategorized

CEQA Legislative Fix For State Capitol Renovation Upheld, All Work Performed ExemptBird Species of Conservation Concern Not Necessarily “Rare” for the Purposes of CEQA’s Class 32 Infill ExemptionCalifornia Offshore Wind Gains Momentum with Two Key Milestones in April

Urban Decay

FEDERAL COURT GRANTS SUMMARY JUDGMENT ON MOST CLAIMS TO LOCAL AND FEDERAL AGENCIES FOR CEQA AND NEPA CHALLENGES TO LOS ANGELES LIGHT RAIL PROJECTCOURT FINDS PROGRAMMATIC EIR FOR RETAIL DEVELOPMENT INCLUDED INADQUATE ANALYSIS OF URBAN DECAY AND ENERGY IMPACTSCOURT FINDS PROGRAMMATIC EIR FOR RETAIL DEVELOPMENT INCLUDED INADQUATE ANALYSIS OF URBAN DECAY AND ENERGY IMPACTS

Water Quality

Sackett v. EPA: U.S. Supreme Court Redefines Waters of the United States, Eliminating Federal Jurisdiction Over Certain Wetlands and Other WatersCalifornia Appeals Court Rules that State Water Board’s Duty to Prevent Waste and Unreasonable Use of Water is “Highly Discretionary”Discretionary Reductions in Water Deliveries Allowed Under Terms of Existing Leases are not a New CEQA Project

Water Supply Assessments

First District Court of Appeal Considers Certified Regulatory Programs' Potential Mitigation Measure Disclosure StandardsCitizens for Responsible Equitable Environmental Development v. City of San Diego (2011) 196 Cal. App. 4th 515

Wildfire

Governor Newsom Issues Executive Order Broadening Existing CEQA and Coastal Act Exemptions for Rebuilding in Areas Impacted by Fire and Windstorm EmergencyCourt Finds Site Visits and Reports Taken Before and After Issuance of NOP Adequate for Establishing Biological Resources Baseline, EIR’s Emergency Evacuation Analysis UpheldAttorney General Issues Guidance Outlining Best Practices for Analyzing and Mitigating Wildfire Impacts Under CEQA
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