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The Situation: On June 20, 2024, the UK Supreme Court handed down a landmark decision in R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents) [2024]...more
On 20 June 2024 the UK Supreme Court issued its long awaited decision in R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents) [2024] UKSC 20...more
This is the fifth in a series of six eAlerts on the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council for Environmental Quality (CEQ). The Final Rule...more
In an important published opinion filed February 16, 2024, the Fourth District Court of Appeal (Div. 1) held the San Diego County Board of Supervisors committed a prejudicial abuse of discretion in granting project opponents’...more
Late last month, the Interagency Working Group on Social Cost of Greenhouse Gases quietly released a three-paragraph memo on how agencies should determine the social cost of greenhouse gas emissions. I hesitate to call it...more
Several recent proposals impacting implementation of the National Environmental Policy Act ("NEPA") demonstrate a renewed focus on considering climate change in federal decision-making. In July, the Council on Environmental...more
In a partially published opinion filed September 20, 2023, the First District Court of Appeal (Div. 3) affirmed the Alameda County Superior Court’s judgments denying writ petitions in three partially consolidated CEQA actions...more
Yesterday, the plaintiffs prevailed in the Montana climate litigation. Time will tell whether the decision will end up being seen as a watershed moment or just a blip. In trying to answer that question, it does seem worth...more
Over the past four years, while the Trump Administration did everything possible to ignore climate change, optimists continued to find progress at the state level. And while President-elect Biden has put together an A-team on...more
CARB to Hold Second Public Workshop on Clean Miles Standard to Reduce Greenhouse Gas Emissions Associated with Ride-Sharing Services - On July 17, 2020, the California Air Resources Board (CARB) will hold another public...more
ACEEE highlights 10 building energy performance standards to help meet climate goals - Bullet Utility Dive – June 24 - The American Council for an Energy-Efficient Economy (ACEEE) released a white paper this Monday...more
On January 9th, President Donald Trump in conjunction with the Council on Environmental Quality (“CEQ”) proposed sweeping regulatory revisions to rules that govern how the CEQ implements the National Environmental Policy Act...more
The Trump administration proposed rules intended to speed up approval of major projects subject to the National Environmental Policy Act (NEPA), such as pipelines, power facilities, mines, highways, and other public...more
Agency consideration of climate change curtailed in update to decades-old policy - On January 9, 2020, President Trump’s Council on Environmental Quality (“CEQ”) proposed to “update” the nearly forty-year-old regulations...more
CARB Reports Continued Declines in Greenhouse Gas Emissions - The California Air Resources Board (CARB) is reporting that in 2017, greenhouse gas (GHG) emissions for the state were 424 million metric tons (MMT) of CO2...more
The Council on Environmental Quality published draft guidance June 26, 2019, on how to assess greenhouse gas emissions under the National Environmental Policy Act, the law that requires environmental impact assessment for...more
The US District Court for the District of Columbia has blocked the US Bureau of Land Management (BLM) from issuing new oil and gas drilling permits on approximately 300,000 acres of federal land in Wyoming until it adequately...more
EPA Chief Looks to Distinguish Himself from Pruitt in Agency-Wide Memo - "The new head of the EPA sent a staff-wide memo laying out steps the agency is taking to increase transparency, a move that's seen as an effort to...more
Welcome to CEQA News You Can Use, a quarterly publication of Brownstein Hyatt Farber Schreck Natural Resources lawyers. This publication is intended to provide quick, useful bites of CEQA news that we hope can be a resource...more
Cleveland National Forest Foundation, et al. v. San Diego Association of Governments (2017) __ Cal. 5th __, Supreme Court Case No., S223603 - Judicial deference to a lead agency’s determination regarding the proper...more
On July 13, 2017, the California Supreme Court rendered a 6-1 decision holding that the San Diego Association of Governments’ (SANDAG) 2011 EIR for its Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS)...more
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
Yesterday, in an opinion authored by Justice Liu, the California Supreme Court ruled that the greenhouse gas analysis in an environmental impact report (“EIR”) prepared for the San Diego Association of Government’s (“SANDAG”)...more
On May 3–4, 2017, the California Supreme Court heard oral arguments in three cases with significant implications for California land use law. Below we summarize the main issue(s) argued in each matter and possible outcomes....more
In a lengthy published opinion filed November 29, 2016, the First District Court of Appeal rejected all legal challenges to the City of San Francisco’s Final Supplemental Environmental Impact Report (FSEIR) and related land...more