Navigating Environmental Restrictions on Alternative Project Delivery for Complex Infrastructure Projects
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[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018
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
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
Stakeholders should stay informed as state and federal officials advance plans and policies for water conservation, water quality, and climate resilience in California....more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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