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CEQA Allows Developers to Recover Administrative Record Costs when Reimbursing Agency

Appellate Victory for Developers and Public Agencies - A developer can recover the cost of preparing a California Environmental Quality Act administrative record, even when the lead agency, not the developer, actually...more

Legislature Passes Pair of Significant New Climate Change Bills

Gov. Brown Expected to Sign Laws that Will Have CEQA Implications - In the final days of its session, the California Legislature passed two climate change bills that expand existing laws aimed at reducing statewide...more

Office of Planning and Research Proposes Revisions to State CEQA Guidelines

Comments Sought by Feb. 29 on the Transition from LOS to VMT - The California Office of Planning and Research has issued proposed revisions to the State CEQA Guidelines implementing Senate Bill 743 (2013). SB 743...more

California Supreme Court Decision Regarding Newhall Ranch Development Could Significantly Impact Developments

California Supreme Court Overturns Environmental Impact Report Related to Proposed Residential Development - In a much-anticipated decision, Center for Biological Diversity v. California Department of Fish and Wildlife,...more

California Governor Signs Legislation Establishing Significant New Energy Goals

Law Sets Standards Aimed at Addressing Climate Change - Today, Gov. Jerry Brown signed SB 350 into law, setting two ambitious climate change-related goals: a 50 percent increase in building energy efficiency, and a...more

BB&K Files Appeal to U.S. Supreme Court in Threatened Santa Ana Sucker Case

A team of BB&K attorneys, working pro bono, garnered headlines this week for case of first impression. Best Best & Krieger LLP filed a petition to the U.S. Supreme Court on behalf of two cities and 10 water agencies,...more

California Supreme Court Makes Critical CEQA Ruling Regarding Categorical Exemptions

Court Clarifies the Unusual Circumstances Exception - In a victory for public agencies and developers, the California Supreme Court issued its heavily anticipated ruling in Berkeley Hillside Preservation v. City of...more

3/5/2015

California Department of Fish and Wildlife Increases CEQA Document Filing Fees

Filing Fees for CEQA Notices of Determination Increase Effective Jan. 1 - The California Department of Fish and Wildlife will increase its filing fees for all CEQA Notices of Determination filed on or after Jan. 1. ...more

Comments Sought on Draft Desert Renewable Energy Conservation Plan

There are about two months left in the public comment period on the draft of the Desert Renewable Energy Conservation plan released by regulators in December, according to The Desert Sun. As the article explains, the goal of...more

12/10/2014  /  Conservation , Renewable Energy

Decision: Voter-Sponsored Local Land Use Initiatives Not Subject to Environmental Review

The proposed expansion of a Wal-Mart store into a Wal-Mart Supercenter in the City of Tuolumne, Calif. yielded a California Supreme Court decision that says city councils need not comply with CEQA before adopting a...more

California Supreme Court Rules Local Governments Are Not Required to Comply With CEQA Before Adopting a Voter-Sponsored Initiative

Opinion Clarifies When CEQA Review is Required for Local Land Use Initiatives - Local governments may adopt voter-sponsored initiatives without conducing environmental review pursuant to the California Environmental...more

Office of Planning and Research Issues Draft Update to State CEQA Guidelines for Analyzing Traffic Impacts

Deadline for Comments is 5 p.m. on October 10 - As mandated by 2013’s Senate Bill 743, the Office of Planning and Research has released its draft update to the State CEQA Guidelines. SB 743 requires OPR to update the...more

CEQA Exemptions Granted for Certain State Agency Actions by Gov. Brown Proclamation

Proclamation of Continued State of Emergency Declared as Record Drought Continues - Gov. Jerry Brown has issued a Proclamation of a Continued State of Emergency in response to California’s record low water conditions...more

BB&K's Charity Schiller Discusses CEQA Baseline [Video]

Understand the current state-of-the-law for setting baseline conditions for long-term projects under CEQA....more

1/23/2014  /  CEQA , Environmental Policies

Resurrecting the Departed: Legal Implications of Reintroducing Revived Species

The revival of animal species that have long been extinct is no longer limited to works of science fiction such as Michael Crichton’s thriller, Jurassic Park. In 2009, a Pyrenean Ibex was cloned from frozen tissue obtained...more

Office of Planning and Research Seeks Input on Proposed Changes to State CEQA Guidelines - Deadline for Comments is 5:00 p.m. on...

The Governor’s Office of Planning and Research (OPR) recently released a preliminary list of topics and possible changes for inclusion in the 2014 update to the State CEQA Guidelines. The topics being considered can be found...more

1/6/2014  /  CEQA , CEQA Reform

California Department of Fish and Wildlife Increases CEQA Document Filing Fees

Filing Fees for CEQA Notices of Determination Increase Effective January 1, 2014 - Effective January 1, 2014, the California Department of Fish and Wildlife (DFW) has increased its filing fees for all CEQA Notices of...more

Court of Appeal Rules on Lead Agencies' Ability to Delegate CEQA Decision-Making Authority

Government Bodies That Lack Authority to Approve Project Also Lack Authority to Certify Environmental Documents - Certifying an environmental impact report (EIR) for San Jose’s general plan was not a task properly...more

Court of Appeal Addresses Greenhouse Gas Emissions Analysis Under CEQA

The Court of Appeal for the Third District issued its ruling Monday in Friends of Oroville v. City of Oroville. Finding an environmental impact report’s greenhouse gas emissions (GHG) analysis deficient, the court’s ruling...more

State Supreme Court Makes Key CEQA Ruling Involving Baseline Analyses - Future Conditions Can Be Used as the Sole Baseline for...

In a victory for public agencies, the California Supreme Court today issued its much-anticipated ruling in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (August 5, 2013). The Court held that, in...more

Court Finds Public Interest In Meeting Renewable Energy Goals in California Outweighs Efforts To Preserve Agricultural Lands -...

In Save Panoche Valley v. San Benito County, the Sixth District Court of Appeal upheld the county’s approval of a 420-megawatt photovoltaic solar plant. The court found that the county had substantial evidence to support its...more

Local Legislative Bodies Must Expressly Agendize CEQA Documents - County Planning Commission Failed to Include Project-Related...

Overview: The California Court of Appeal recently held that the state’s open meeting law (the Brown Act) requires that, if a document under the California Environmental Quality Act (CEQA) must be approved by a local...more

CPUC Seeks to Revisit Controversial Decision on CEQA Process for Telecommunications Projects - Public Agency Participation is...

After a pause of more than a year, the CPUC has revived its effort to determine whether and how it will conduct environmental review of certain telecommunications projects under the California Environmental Quality Act...more

Court Upholds CEQA Exemption for Residential Development - Minor Project Tweaks and New Greenhouse Gas Thresholds Don’t Trigger...

In a recent case involving the California Environmental Quality Act, a state appellate court upheld a city’s decision to exempt from environmental review a residential development because it was consistent with a broader...more

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