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White House Council on Environmental Quality Releases Draft NEPA Template Following CEQ’s Rescission of Longstanding Regulations

Last week, several news outlets reported that the White House Council on Environmental Quality (CEQ) circulated a draft template dated April 8, 2025 among federal agencies to assist in updating their procedures for...more

Supreme Court Says EPA has no Authority to Impose “End-Result” Requirements in Clean Water Act Permits

On Tuesday, March 4, 2025, the Supreme Court issued an opinion in City and County of San Francisco, California v. Environmental Protection Agency, U.S. No. 23-753 in which the City and County of San Francisco (San Francisco)...more

The CEQ has No Clothes: The End of CEQ’s NEPA Regulations and the Future of NEPA Practice

On February 20, 2025, the White House Council on Environmental Quality (CEQ) posted a pre-publication notice on its website of an Interim Final Rule that rescinds its regulations implementing the National Environmental Policy...more

The Future of Conservation Easements as Mitigation under CEQA

The California Court of Appeal’s recent decision in V Lions Farming, LLC v. County of Kern provides important clarity on the use of agricultural conservation easements (ACEs) for mitigating the conversion of agricultural land...more

California Withdraws Clean Air Act Waiver Requests for Vehicle Emissions Standards

On Monday, January 13, 2025, California withdrew requests for Clean Air Act waivers from the EPA needed to support four recently adopted vehicle emissions regulations: 1) the Advanced Clean Fleets Regulations; 2) the In-Use...more

Unexpected Court Ruling Raises Substantial Questions About National Environmental Policy Act (NEPA) Regulations

In a surprise monumental decision, the U.S. Court of Appeals for the D.C. Circuit held that the White House Council on Environmental Quality (CEQ) has no authority to issue regulations implementing NEPA and that CEQ’s NEPA...more

New California Assembly Committee Aims to Reduce Permitting Obstacles for Housing and Climate Projects

The Assembly Select Committee on Permitting Reform held its first hearing on June 18, 2024, commencing its efforts to address California’s housing and climate crises by reforming the state’s land use permitting regime....more

CEQA Reform on the Horizon?

On May 8th, 2024, the Little Hoover Commission released its much-anticipated report, “CEQA: Targeted Reform for California’s Core Environmental Law” putting forth recommendations to improve the functioning of the California...more

Recently Effective & Pending State Housing Laws - 2024 Land Use, Environmental & Natural Resources Update

Various state housing bills are currently making their way through the State Legislature that are expected to benefit mixed-income multifamily housing developers. The following summaries reflect the status of the legislation...more

Supreme Court Narrows Local Governments’ Ability to Impose Impact Fees – A Potential Sea Change for California

On April 12, 2024, the Supreme Court of the United States issued its much-anticipated ruling in Sheetz v. County of El Dorado, U.S. No. 22-1074 (petition for certiorari granted 9/29/23) (Sheetz). The case concerned the...more

San Francisco Property Transfer Tax Waiver Approved By Voters

On March 11, 2024, it was announced that San Francisco voters approved Proposition C, amending the Business and Tax Regulations Code to waive the real property transfer tax for the first five million square feet of...more

Proposed CEQA and Tax Exemptions for Projects in Downtown San Francisco

Senate Bill (SB) 1227, introduced by Senator Scott Wiener on February 15, 2024, would help speed the recovery of downtown San Francisco by creating a new CEQA exemption for qualifying commercial, institutional, student...more

Approved: San Francisco Legislation Intended to Streamline Housing Production

On December 14, 2023, Mayor Breed approved “Housing Constraints Legislation” passed by the City and County of San Francisco (City) Board of Supervisors, which is intended to streamline housing production, as required by the...more

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