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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

California Economic Development Leaders Urge Peer Review of New CEQA Guidelines

The California Economic Summit announced this week that its leaders, such as the president of the Los Angeles County Economic Development Corporation and the president of the Inland Empire Economic Partnership, have written...more

CEQA to Give Cities More Control Over Transit Projects

Eric Jaffe’s recent article for The Atlantic’s CityLab website: “Transit Projects Are About to Get Much, Much Easier in California” explains that “California will soon reform traffic analysis under CEQA by replacing ‘level of...more

Ain't No Sunshine for the Common Interest Privilege

Life in the public sector is just that: public. With the California Public Records Act and countless local sunshine ordinances, most public employees are keenly aware that much of what they write — be it in a report, letter,...more

Court Upholds Approvals for the Cadiz Valley Water Conservation, Recovery and Storage Project

Trial Court Validates Agreements and Plans for Large Public-Private Water Project and Approves CEQA Review - The Orange County Superior Court last week issued rulings rejecting all six challenges to the environmental...more

Applications for Funding are Not Necessarily Projects Under CEQA - Court Clarifies Save Tara Standard

In the recently published decision in City of Irvine v. County of Orange the Court of Appeal held that the county’s approval of an application for state funding to expand a jail facility was not a project under the California...more

12/4/2013  /  CEQA , Entitlements , Funding , Public Projects

CEQA Reform: The Third Rail of California Politics - BB&K's Sarah Owsowitz Examines the Challenges of Reforming the California...

When I think about the California Environmental Quality Act, I am reminded of a line from the TV show “The West Wing,” in which a character remarked that Social Security was the “third rail” of American politics – never to be...more

Broad Reform of the California Environmental Quality Act Shelved for 2013 - Several CEQA Bills Await the Governor’s Signature

After promises of far-reaching reform in 2013, the state Legislature has instead proposed only a few tweaks to the California Environmental Quality Act (CEQA). Several CEQA-related bills were passed by the Legislature and...more

Caught Between a CEQA Rock and a General Plan Hard Place

California law imposes substantial obligations on cities and counties with regard to enforcement of general plans and compliance with the California Environmental Quality Act (“CEQA”)[i]. These dueling obligations can come...more

8/22/2013

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

Court of Appeal Rules Setting Thresholds is Not a "Project" Under CEQA - Air District’s CEQA Thresholds for Greenhouse Gases...

Yesterday, the Court of Appeal for the First District issued its ruling in California Building Industry Association v. Bay Area Air Quality Management District. In a win for public agencies, the court held that establishing...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

The Courts Drag Parking Back into the California Environmental Quality Act - BB&K's Sarah Owsowitz and Stephanie Straka Explore...

It is a truth, universally acknowledged, that a Californian in possession of a car must be in want of a parking space. And, of course, this space should be free, just steps from your intended destination and available 24...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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