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Environmental Impact Report (EIR) Air Quality Standards California Environmental Quality Act

Alston & Bird

Land Use Matters August 2024 – CEQA Appellate Decisions & Other Legal Developments

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City of Los Angeles - Increase to Planning Applications and Affordable Housing Linkage Fees - On July 1, 2024, the fee for planning and land use applications increased by 3.5% based on the Consumer Price Index for All Urban...more

Allen Matkins

State and Regional Efforts To Address Environmental Impacts Of Warehouses and Distribution Uses - 2024 Land Use, Environmental &...

Allen Matkins on

Efforts to regulate warehouses and distribution uses are not isolated to the local development moratoria and zoning code updates. At the state and regional level, the State Attorney General’s Office and regulatory agencies,...more

Alston & Bird

Land Use Matters March 2024 – CEQA Appellate Decisions & Other Legal Developments

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City of Los Angeles - Proposed Citywide Adaptive Reuse Ordinance - In 1999, the city council adopted the Adaptive Reuse Ordinance (ARO) that enabled the conversion of commercial buildings constructed in the downtown area in...more

Sheppard Mullin Richter & Hampton LLP

A Win for Consistency Evaluations Under CEQA Guidelines 15183: Court Rules that Public Controversy is not a Basis for Additional...

In its recent decision in Hilltop Group Inc. v. County of San Diego, California’s Fourth District Court of Appeal issued a number of holdings that resulted in a strong ruling in support of streamlined environmental review for...more

Downey Brand LLP

Oakland and the A’s Prevail on All but One Minor Issue in Ballpark EIR Case; Wind Mitigation Found Inadequate

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In E. Oakland Stadium Alliance v. City of Oakland (Mar. 30, 2023, No. A166221) ___Cal.App.5th___ [2023 Cal. App. LEXIS 240], the First District Court of Appeal concluded that the EIR prepared for the proposed Oakland A’s...more

Perkins Coie

EIR For Martis Valley Project Near Lake Tahoe Rejected on Four Grounds But Wildfire Evacuation Analysis Complied with CEQA

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In a lengthy opinion tackling several of CEQA’s hot topics, a court of appeal has rejected the EIR for the Martis Valley West project, finding its Lake Tahoe water quality analysis, GHG and traffic mitigation measures, and...more

Downey Brand LLP

Third Appellate District Recognizes Unique Regional Resources at Lake Tahoe in Finding Olympic Valley Resort EIR Flawed

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In September 2021, the Third District Court of Appeal in Sierra Watch v. Placer County reversed a judgement upholding Placer County’s Environmental Impact Report (EIR) for a resort development project in the Olympic (formerly...more

Perkins Coie

Fifth District Holds Defects in EIR’s Air Quality Impact Analysis Require Decertification of Entire EIR

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On remand from the California Supreme Court’s decision in Sierra Club v. County of Fresno, 6 Cal.5th 502 (2018) (“Friant Ranch I”), a court of appeal has held that CEQA requires full decertification – not partial...more

Downey Brand LLP

Second Appellate District Expands Baseline Analysis in Upholding Environmental Impact Report for Refinery Project Intended to Help...

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Last month, the Second Appellate District upheld the South Coast Air Quality Management District’s (“Air District”) Environmental Impact Report (“EIR”), which the Air District prepared to analyze the environmental impacts of...more

Perkins Coie

Refinery EIR Upheld Against Challenge to Baseline

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A court of appeal has upheld an air district’s EIR for an oil refinery modernization project. Communities for a Better Environment v. South Coast Air Quality Management District, 47 Cal. App. 5th 588 (2020)...more

Latham & Watkins LLP

California Supreme Court Clarifies Standards for Judicial Review and Air Quality Analyses

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The Sierra Club decision affects both the preparation of EIRs and judicial review of agency decisions certifying EIRs. Key Points: ..An environmental impact report’s (EIR) discussion of potential environmental impacts...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Clarifies Scope of De Novo and Substantial Evidence Standards Of Review In CEQA Cases

In Sierra Club v. County of Fresno (S219783), the California Supreme Court unanimously reaffirmed that the substantial evidence standard of review does not always apply when a lead agency prepares an environmental impact...more

Perkins Coie

CEQA Year In Review 2018

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more

Best Best & Krieger LLP

California Supreme Court Addresses Standard of Review for EIRs and Air Quality Impact Analyses - Decision in Sierra Club v. County...

In a highly anticipated decision, the California Supreme Court found in Sierra Club v. County of Fresno that the environmental impact report was inadequate because it failed to sufficiently connect the project’s air quality...more

Latham & Watkins LLP

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

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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

Perkins Coie

California Supreme Court Sets Standard for Air Quality Impact Analyses Under CEQA

Perkins Coie on

The California Supreme Court has overturned the environmental impact report for a mixed-use development project, holding that the EIR inadequately explained the human health consequences of significant air pollutant emissions...more

Downey Brand LLP

California Supreme Court Requires De Novo Review for EIR Adequacy Challenges and Imposes Heightened EIR Requirements Connecting...

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In a long-awaited decision, on December 24, 2018 the California Supreme Court in Sierra Club v. County of Fresno (S219783) affirmed, in part, and reversed, in part, the Fifth District Court of Appeal’s decision concerning a...more

Miller Starr Regalia

Connecting The CEQA Dots? Supreme Court Holds Friant Ranch Project EIR’s Air Quality Impacts Discussion Insufficiently Relates...

Miller Starr Regalia on

In a unanimous 33-page opinion authored by Justice Ming Chin and issued on December 24, 2018, the California Supreme Court addressed the standard of review for claims challenging the legal sufficiency of an EIR’s discussion...more

Latham & Watkins LLP

California Court of Appeal Overturns Specific Plan EIR for Inadequate Air Quality Impact Mitigation

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CEQA Case Report: Understanding the Judicial Landscape for Development - In an unpublished opinion issued July 10, 2018, Sierra Club v. County of Kern, Case No. F071133, the California Court of Appeal reversed the trial...more

Latham & Watkins LLP

California Appeals Court: Statewide Emissions Goals May Inform Mitigation Measures

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CEQA Case Report: Understanding the Judicial Landscape for Development - In an unpublished opinion issued May 18, 2018, Responsible Development for Water Tank Hill v. County of San Mateo, Case No. A150883, the California...more

Best Best & Krieger LLP

[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018

This BB&K webinar provides a brief review of the latest developments in CEQA compliance. This webinar addresses both new CEQA statutory and regulatory requirements, and also discusses recent case law interpretations affecting...more

Downey Brand LLP

First Appellate District Upholds Several Aspects of the EIR Prepared for Phillips 66 Efforts to Enhance Recovery of Petroleum...

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In a March 2018 decision, the First Appellate District examined several CEQA issues pertinent to petroleum refining and hazardous materials transport. In Rodeo Citizens Association v. County of Contra Costa, the appeals court...more

Perkins Coie

EIR For Railyard Did Not Adequately Analyze Air Quality Impacts

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Rejecting most challenges to the environmental impact report for a new railyard near the Port of Los Angeles, a court of appeal nevertheless held that the EIR must be decertified because it did not adequately address air...more

Clark Hill PLC

Court Allows Direct Action under California Environmental Quality Act against Local Air Quality Management District

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Since 1972, the County of Mendocino (County) had granted land use approvals for aggregate and asphalt production on the site at issue. In 2009, the County updated its General Plan, changing the land use designation of the...more

Downey Brand LLP

First Appellate District Holds that Air Quality Management District’s Issuance of “Authority to Construct” May Be Challenged Under...

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On May 25, 2017, the First Appellate District published a modified version of its unpublished March 23, 2017 opinion, holding that the Mendocino County Air Quality Management District’s (“MCAQMD”) issuance of an “Authority to...more

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