News & Analysis as of

California Environmental Quality Act Public Agencies

Perkins Coie

Petitioners’ Election to Prepare Record Does Not Preclude Recovery of Record Preparation Costs by Prevailing Public Agency

Perkins Coie on

The Third District Court of Appeal held that it was proper to award respondents costs for the preparation of CEQA administrative record documents as the prevailing party, even though petitioners had elected to prepare the...more

Downey Brand LLP

Privately Owned Public Utility Not Required to Comply With CEQA in Eminent Domain Action

Downey Brand LLP on

In Robinson v. Superior Court (2023) 88 Cal.App.5th 1144, the Fifth District Court of Appeal held that Southern California Edison (SCE), as an investor-owned public utility, was not required to comply with CEQA in an eminent...more

Miller Starr Regalia

Why Are CEQA Cases Published Or Not? Observations From A Look Back at 2020’s Decisions

Miller Starr Regalia on

As readers of this blog know, my endeavor since its inception with regard to judicial developments has, in general, been to cover only published CEQA cases. I have two simple reasons for this, which essentially boil down to...more

Holland & Knight LLP

California Supreme Court Declines to Find Permit Regime "Categorically" Discretionary Under CEQA

Holland & Knight LLP on

In a closely watched case, Protecting Our Water & Environmental Resources v. County of Stanislaus (POWER), Case No. S251708 (Aug. 27, 2020), the California Supreme Court has issued its first significant decision about the...more

Nossaman LLP

Governor Newsom Relaxes Key CEQA Notice and Consultation Requirements

Nossaman LLP on

On March 23, 2020, Governor Newsom signed Executive Order N-54-20, suspending for 60 days public agency and project proponent procedures for posting notices of key CEQA compliance actions.  The Executive Order also relaxes...more

Best Best & Krieger LLP

PublicCEO: BB&K Municipal Law Team Discusses New Public Agency Laws - Part 2

Land Use, Telecommunications, Environmental and More - As noted in Part I of this two-part series, California lawmakers passed a number of new laws last year that greatly impact how public agencies serve their...more

Best Best & Krieger LLP

New Year's Resolution for Public Agencies: Prepare to use Vehicle Miles Traveled as the Metric for Transportation Impacts under...

A Change in Methodology Will be Required Statewide July 1 - Although a paradigm shift for analyzing transportation impacts under the California Environmental Quality Act has been approaching ever since Senate Bill 743...more

Best Best & Krieger LLP

New Environmental and Telecommunications Laws

Telecommunications - AB 1699 Telecommunications: mobile Internet service providers: first response agencies: emergencies - Fire officials experienced a significant data transmission slowdown of their mobile emergency...more

Farella Braun + Martel LLP

Changing Climate, Changing Laws: Addressing New Wildfire Risk Requirements in Project Development

In this op-ed for pv magazine, David Lazerwitz and Linda Sobczynski of Farella Braun + Martel examine the levels of precaution necessary to ensure fire risk mitigation in project development. Originally published in...more

Best Best & Krieger LLP

California Supreme Court Clarifies CEQA’s Most Fundamental Question: What is a “Project?”

Union of Medical Marijuana Patients, Inc. v. City of San Diego - In a long-awaited decision, the California Supreme Court held this week that whether an activity is a “project” subject to environmental review under the...more

Latham & Watkins LLP

CEQA Case Report: Understanding the Judicial Landscape for Development

Latham & Watkins LLP on

2018 Year in Review: Public agencies prevailed in 65% of CEQA cases analyzed. Over the course of 2018, Latham & Watkins lawyers reviewed all 57 California Environmental Quality Act (CEQA) cases, both published and...more

Best Best & Krieger LLP

Comprehensive Update To The State CEQA Guidelines - Approved by California Natural Resources Agency

Following several years of public involvement, the California Natural Resources Agency approved a Comprehensive Update to the California Environmental Quality Act Guidelines....more

Latham & Watkins LLP

California Supreme Court Clarifies Standard of Review for EIRs and Requirements for Air Quality Impact Analyses

Latham & Watkins LLP on

CEQA Case Report: Understanding the Judicial Landscape for Development - In a published opinion issued December 24, 2018, Sierra Club v. County of Fresno, Case No. S219783, the California Supreme Court determined that an...more

Best Best & Krieger LLP

Court Upholds Approval Of Superstore Zoning Ordinance - California Appellate Court Supports The Broad Use Of CEQA Addenda

In a victory for public agencies, a California appellate court ruled that, when an agency has prepared an environmental impact report for a project under the California Environmental Quality Act that is relevant to a...more

Best Best & Krieger LLP

[WEBINAR] Building a Solar Energy Project in 2018

This webinar discusses the basics of planning, financing and carrying out a solar energy project. Topics include the RFP process, using section 4217 for sole source projects, financing projects through public funding or...more

Downey Brand LLP

OPR Issues Helpful Technical Advisory Listing CEQA Exemptions Outside CEQA Statute

Downey Brand LLP on

The CEQA Statute and Guidelines both contain provisions outlining what types of projects are exempt from environmental review. There are dozens of exemptions, however, that are listed in other provisions of the California...more

Best Best & Krieger LLP

Recent and Upcoming Changes to CEQA - BB&K Attorney Amanda Daams Discusses the California Environmental Quality Act in a...

The California Environmental Quality Act (CEQA), codified at Public Resources Code section 21000 et seq., is arguably California’s preeminent and most comprehensive environmental law. Originally published in Riverside...more

Best Best & Krieger LLP

Lead Agencies Need Not (Necessarily) Consider Governor’s Executive Orders When Analyzing Emissions - California Supreme Court...

In a highly anticipated decision, Cleveland National Forest Foundation v. San Diego Association of Governments, the California Supreme Court held recently that an environmental impact report for a regional transportation plan...more

Nossaman LLP

California Supreme Court Upholds Right of Entry Statutes, but "Reforms" them to Comply with Constitution

Nossaman LLP on

When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. ...more

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