News & Analysis as of

Environmental Impact Report (EIR)

Best Best & Krieger LLP

Name Change For Office of Planning and Research and Fish and Wildlife 2025 Filing Fees Increase

Effective July 1, 2024, the California Governor’s Office of Planning and Research (OPR) was renamed to the Governor’s Office of Land Use and Climate Innovation (LCI). The announcement from the Governor’s Office regarding this...more

Wenning Environmental

Will damage, impact, and risk assessment get “DOGE’d”?

Wenning Environmental on

President Trump’s January 31, 2025, executive order (EO), Unleashing Prosperity Through Deregulation, and the White House Council on Environmental Quality (CEQ) February 25 interim final rule removing CEQ regulations...more

Latham & Watkins LLP

The State of California Water in 2025

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Stakeholders should stay informed as state and federal officials advance plans and policies for water conservation, water quality, and climate resilience in California....more

Miller Starr Regalia

First District Voids Clearlake Hotel Project MND for City’s Failure to Conduct Adequate CEQA AB 52 Tribal Cultural Resources...

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In a published opinion filed March 14, 2025, the First District Court of Appeal (Div. 2) reversed the trial court’s judgment upholding a Mitigated Negative Declaration (MND) for a four-story, 75-room hotel/meeting...more

Miller Starr Regalia

Is Robust and Disruptive CEQA Reform Possible?  Senator Scott Wiener Wants to Find Out – His Proposed SB 607 Would Exempt...

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On February 20, 2025, Senator Scott Wiener introduced Senate Bill No. 607 (SB 607), a proposed law that is relatively short in text length, but which would engender major CEQA reforms if enacted as currently drafted.  The...more

Coblentz Patch Duffy & Bass

Summary of Select 2024 California Real Estate and Land Use Cases Impacting Real Estate Developers

On January 21, 2025, Coblentz litigation partner Skye Langs presented for the Bar Association of San Francisco’s Real Property section on the following real estate and land use cases from 2024...more

Alston & Bird

Land Use Matters February 2025 | CEQA Appellate Decisions & Other Legal Developments

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Los Angeles County - Executive Order Streamlines Path to Rebuild Homes, Businesses, and Communities Destroyed by Los Angeles Firestorms - In response to the multiple firestorms in Los Angeles County that started on January 7,...more

Allen Matkins

The Future of Conservation Easements as Mitigation under CEQA

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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

Downey Brand LLP

Sixth District Holds CEQA 30-Day Statute of Limitations Triggered by Local Agency’s Definition of “Final” Approval

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In Center for Biological Diversity v. County of San Benito (2024) 104 Cal.App.5th 22, the Court of Appeal held that the statute of limitations for two CEQA challenges did not begin to run until the Board of Supervisors had...more

Downey Brand LLP

EIR Certification and Categorical Exemption Upheld for Components of Los Angeles Westside Mobility Plan

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In Westside Los Angeles Neighbors Network v. City of Los Angeles (2024) 104 Cal.App.5th 223, the Second District held that the City of Los Angeles Planning Commission (“Commission”) was a decision-making body authorized to...more

Perkins Coie

Amendment of Specific Plan to Include Ban on New Vineyards Did Not Destabilize Project Description Under CEQA

Perkins Coie on

A change from heavy regulation of vineyards to a complete ban on new vineyards did not so destabilize the original project description as to amount to a prejudicial abuse of discretion and require a new EIR. Gooden v. County...more

Miller Starr Regalia

First District Addresses Significant CEQA Issues Relating to Wildfire Risk, GHG Emissions, and Water Supply Impacts in Lake County...

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On November 22, 2024, the First District Court of Appeal’s (Div. 4) partially-published opinion in People of the State of California ex rel. Bonta v. County of Lake (Lotusland Investment Holdings, Inc., et al. Real Parties in...more

Schwabe, Williamson & Wyatt PC

A More Modest Procedure? — The Supreme Court Considers Limiting the Scope of ‎‎“Reasonably Foreseeable” Impacts in NEPA Analysis

Seven County Infrastructure Coalition, et al. v. Eagle County, Colorado et al. ‎ On Tuesday, December 10, the Supreme Court heard arguments in a case that could redefine what constitutes a “reasonably foreseeable”...more

Jones Day

UK Coal Mine Planning Consent Quashed

Jones Day on

In December 2022, planning permission was granted by the secretary of state for Levelling Up, Housing and Communities ("SoS") to extract coal from a coal mine in Whitehaven, Cumbria, England. The project would have been the...more

Perkins Coie

California Court Upholds CalGEM’s Use of CEQA Categorical Exemption for Approval of Oil Well Conversion Project

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A California Court of Appeal upheld the California Department of Conservation Geologic Energy Management Division’s determination that a project to convert a plugged oil well into a wastewater disposal well fit within the...more

(ACOEL) | American College of Environmental...

A Buried Treasure Trove of NEPA Documents

Back in 2003, Michael Herz and I wrote an article calling for the creation of an online, word searchable database of environmental impact statements that had been prepared under the National Environmental Policy Act (NEPA)...more

Downey Brand LLP

First District Holds that Analysis of Development’s Increased Wildfire Risk is a Necessary Component of Project EIR

Downey Brand LLP on

In People ex rel. Bonta v. County of Lake (2024) 105 Cal.App.5th 1222, the First District Court of Appeal held that the Final EIR (“FEIR”) and associated errata for a proposed mixed-use development project, located in a rural...more

Downey Brand LLP

EIR Upheld for Sand and Gravel Mine; Lead Agency Allowed to Recover Administrative Record Costs

Downey Brand LLP on

In Yolo Land and Water Defense v. the County of Yolo (2024 105 Cal.App.5th 710, the Third District Court of Appeal upheld the County’s EIR for a sand and gravel mine, known as the Teichert Shifler Mining and Reclamation...more

Miller Starr Regalia

Fight On! After Grant and Transfer, Second District Holds Upon Reconsideration that Resident Noise Does Not Preclude CEQA Class 32...

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In a partially published opinion filed October 31, 2024, the Second District Court of Appeal (Div. 1) held, in light of AB 1307 and the Supreme Court’s decision in Make UC a Good Neighbor v. Regents of University of...more

Tonkon Torp LLP

D.C. Circuit Court Invalidates NEPA Rules

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A federal court in Washington, D.C. recently ruled that the White House Council on Environmental Quality (CEQ) does not have authority to issue environmental regulation sunder the National Environmental Policy Act of 1969,...more

Schwabe, Williamson & Wyatt PC

A Period of Uncertainty for NEPA, and a Blank Slate for the Supreme Court‎

With argument looming at the Supreme Court December 10 on Seven County Infrastructure Coalition v. Eagle County, the D.C. Circuit’s November 12 decision in Marin Audubon Society v. F.A.A. opens the door to much wider changes...more

Perkins Coie

DC Circuit Rejects CEQ’s Rulemaking Authority

Perkins Coie on

A split panel of the U.S. Court of Appeals for the D.C. Circuit landed an unexpected blow on the White House Council on Environmental Quality (CEQ) on November 12, ruling that CEQ lacked authority to promulgate its umbrella...more

Nossaman LLP

D.C. Circuit Invalidates NEPA Regulations

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On November 12, 2024, a divided (2-1) panel of the U.S. Court of Appeals for the D.C. Circuit issued a ruling invalidating the Council on Environmental Quality’s (CEQ) National Environmental Policy Act (NEPA) regulations...more

Foley Hoag LLP - Environmental Law

If CEQ No Longer Implements NEPA, Is that Good or Bad for Project Developers?

Earlier this week, the Court of Appeals for the District of Columbia ruled that the National Environmental Policy Act does not authorize the Council on Environmental Quality to issue binding regulations governing how federal...more

Morgan Lewis

DC Circuit Issues Landmark Ruling Holding CEQ Lacks Authority to Issue NEPA Regulations

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The two-judge majority opinion in Marin Audubon Society v. Federal Aviation Administration effectively invalidates the White House Council on Environmental Quality’s (CEQ’s) longstanding regulations implementing the National...more

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