News & Analysis as of

Groundwater Environmental Impact Report (EIR)

Latham & Watkins LLP

California Water Challenges Remain Despite Significant Precipitation in 2023

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State and federal officials move forward plans and policies for water conservation, conveyance, and climate resilience. The winter of 2022-23 brought historic levels of precipitation to California after years of deep...more

Perkins Coie

Court Upholds EIR for Kern River Diversion and Storage Project

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A California Court of Appeal held that the EIR for a public water authority’s river diversion and water storage project adequately described the unadjudicated waters to be diverted and adequately analyzed impacts to water...more

Downey Brand LLP

Full Quantification of Water Rights Not Required for CEQA Review, Second District Declares

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On March 22, 2022, the Second District Court of Appeal published its Opinion in Buena Vista Water Storage District v. Kern Water Bank Authority, upholding the Environmental Impact Report (EIR) for the Kern Water Bank...more

Downey Brand LLP

Next Up for the Oakland A’s new stadium plan: another lawsuit

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While some have been enjoying the return of baseball, albeit without fans in the stands, the Oakland A’s are moving forward with their game plan for a new stadium in the Port of Oakland. However, relations with their...more

Alston & Bird

Environmental & Land Use Briefing - February 2019

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Welcome to Alston & Bird’s Environmental & Land Use Briefing, a summary of emerging issues and recent developments in environmental and land use law. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Minimum Water Flows/Municipal Water Department: Settlement Agreement Addresses California River/Endangered Species

The City of San Bernardino, California and City of San Bernardino Municipal Water Department (“Water Department”) and the Center for Biological Diversity and San Bernardino Audubon Society (collectively “CBD”) entered into an...more

Miller Starr Regalia

Second District Holds CEQA Does Not Apply to San Luis Obispo County’s Issuance of Well Construction Permits Under Its Ministerial...

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In an opinion filed June 28, and later ordered published on July 27, 2018, the Second District Court of Appeal (Div. 6) affirmed the trial court’s judgment dismissing on demurrer a writ petition seeking to compel the County...more

Best Best & Krieger LLP

Sweeping Six-Case Win For Water District Helps Secure Orange County's Water Supply

In early May, the Fourth District Court of Appeal took an important step toward helping to secure Orange County’s water supply. It issued several opinions in response to challenges to a proposed public-private partnership...more

Alston & Bird

Land Use Matters: Alston & Bird LLP, May 2016

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Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. ...more

Miller Starr Regalia

Fourth District Upholds EIR For Cadiz Mojave Desert Groundwater Pumping Project Against Various CEQA Challenges

Miller Starr Regalia on

In the second of two published opinions filed May 10, 2016, the Fourth District Court of Appeal affirmed the trial court’s judgment upholding the lead agency designation and EIR for a controversial project proposing to pump...more

Best Best & Krieger LLP

Sweeping Six-Case Win for Water District

Court Upholds Public-Private Groundwater Conservation and Recovery Project That Will Serve Customers Throughout Southern California - A proposed public-private partnership project to pump fresh groundwater, which would...more

Miller Starr Regalia

Fourth District Rejects CEQA Challenges To Large Mojave Desert Groundwater Pumping Project In Separate Published Opinions

Miller Starr Regalia on

In two opinions filed May 10, 2016 (one partially and the other fully published), the Fourth District Court of Appeal rejected a number of CEQA and other challenges to a project proposing to pump 50,000 acre-feet of...more

Miller Starr Regalia

Fourth District Addresses CEQA Baseline Issues In Partially Published Opinion Upholding EIR For Carlsbad Shopping Mall Renovation

Miller Starr Regalia on

In an opinion filed September 10, and later ordered partially published on October 9, 2015, the Court of Appeal affirmed the substance of a judgment upholding an EIR for a regional shopping center renovation project in...more

Kelley Drye & Warren LLP

Hydraulic Fracturing: State Regulatory Roundup Vol. 43

Fracking Insider Readers: We are pleased to bring you Volume 43 of our State Regulatory Roundup, including updates in California, New York, and Ohio. As we explained in earlier volumes, we designed the Roundup to provide...more

Stoel Rives LLP

Vapor Intrusion Risk Insufficient to Trigger EIR for Urban Infill Project

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In Parker Shattuck Neighbors, et al. v. Berkeley City Council, et. al. (First Appellate District, December 30, 2013) (“Shattuck Neighbors”), the court upheld the City of Berkeley’s approval of a mitigated negative declaration...more

Perkins Coie

Use Of Project-Specific Significance Thresholds Does Not Violate CEQA

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The first published California Environmental Quality Act case of 2013, Save Cuyama Valley v. County of Santa Barbara, strongly endorsed a lead agency’s authority to use its own, project-specific significance thresholds in an...more

Miller Starr Regalia

Recent Cases Show How CEQA’s Applicability And Substantive EIR Requirements Are Determined By Meaningful Agency Discretion

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It is a fundamental precept of CEQA that it applies only to the discretionary approval of a project. If an agency has no discretion to deny or shape the project to address environmental concerns, CEQA review would be a...more

Perkins Coie

CEQA Year In Review 2012

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In This Issue: - Project Approvals Triggering CEQA ..Chung v City of Monterey Park (2012) 210 CA4th 394 ..Tuolumne Jobs and Small Business Alliance v Superior Court) 210 CA4th 1006 (petition for review pending,...more

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