Related Industries
Related Practices
- Endangered Species
- Environmental/Toxics Litigation
- Groundwater Law
- Land Use
- Public Trust Doctrine
- Real Estate
- Real Property & Land Use Litigation
- Water Law
Related Blogs
CEQA / NEPA
Downey Brand’s natural resources lawyers have particular expertise in analyzing environmental impacts and defending litigation under the California Environmental Quality Act (CEQA) and its federal counterpart, the National Environmental Policy Act (NEPA).
Compliance
Our attorneys with expertise in environmental impact review regularly develop and implement CEQA and NEPA compliance strategies that keep projects on track and legally defensible. These attorneys are often called upon to evaluate the appropriate level of environmental review for a given project – including whether the project may be exempt from review – and to assess alternative compliance strategies. They also evaluate negative declarations, environmental impact reports, and environmental impact statements for legal adequacy, and revise those documents as needed to ensure compliance and minimize litigation risk. Our CEQA/NEPA attorneys provide this advice to public agencies and private applicants across a wide variety of water supply, oil & gas, renewable energy, mining, commercial, residential, and infrastructure projects throughout California.
The projects on which we advise often require integrated review under CEQA, NEPA, and other state and federal regulatory requirements, such as the Clean Water Act, Porter-Cologne Water Quality Control Act, Fish and Game Code (Lake and Streambed Alteration Agreements), Endangered Species Act (California and Federal), Bald and Golden Eagle Protection Act, National Historical Preservation Act, and AB 32, to name a few. Our in-depth experience with these requirements allows us to work closely with the relevant state and federal regulatory agencies, and to deftly weave the required analysis and permitting into the environmental impact review process.
Litigation
When necessary, we litigate CEQA and NEPA challenges in both state and federal courts and in administrative proceedings before state and federal regulatory agencies (e.g., California Public Utilities Commission and United States Bureau of Land Management). Downey Brand has successfully defended many projects against CEQA and NEPA claims at trial and on appeal, including before the California Supreme Court and the Ninth Circuit Court of Appeals.
Selected Experience
Selected Experience
- Save the Plastic Bag Coalition v. City of Manhattan Beach, 52 Cal.4th 155 (2011). Prevailed on review in the California Supreme Court regarding proper application of CEQA’s fair argument standard.
- San Francisco Baykeeper, Inc. v. California State Lands Commission, 242 Cal.App.4th 202 (2015). Represented two leaseholders in CEQA/public trust action challenging EIR for sand mining leases in San Francisco and Suisun Bays. Prevailed at trial and on appeal on all claims brought under CEQA, including with respect to the environmental baseline, cumulative impacts, recirculation, thresholds of significance, and consultation with trustee agencies.
- Delaware Tetra Technologies, Inc. v. County of San Bernardino; Center for Biological Diversity v. County of San Bernardino. Assisted in defense of County as responsible agency in six coordinated actions challenging groundwater project under CEQA and the County’s Desert Groundwater Management Ordinance. Prevailed at trial and on appeal on all claims. Appeal resulted in two published decisions (— Cal.App.4th — (2016 WL 2742702) and — Cal.App.4th — (2016 WL 2742824) and four unpublished decisions.
Representative Water Projects
-
Cadiz Valley Water Conservation, Recovery, and Storage Project, San Bernardino County. Advised the County, a responsible agency, on evaluation and approval of groundwater pumping project in the Mojave Desert proposed to recover up to 50,000 acre feet of native groundwater annually over a 50-year period. The plan was approved by the Board of Supervisors on October 1, 2012.
-
Camanche Permit Extension, Amador and Calaveras Counties. Advised East Bay Municipal Utility District on CEQA review of application to the State Water Resources Control Board to divert and store up to 125 million gallons per day (140,000 acre-feet per year) of surface water from the Mokelumne River for municipal purposes. Issues addressed by the EIR included the environmental baseline, impact analysis, cumulative impacts, and alternatives.
Representative Infrastructure, Real Estate Development, and Brownfields Redevelopment
- Bridgeway Square Apartments, City of Rancho Cordova. Assisted residential real estate developer on land use entitlements and supplemental environmental review under CEQA for 199-unit apartment building in the City of Rancho Cordova.
- Concord Naval Weapons Station, Contra Costa County. Advising the East Bay Regional Park District on all land-use aspects of the transfer and reuse of approximately 2,200 acres of the former naval base, including remediation and land use controls, NEPA and CEQA compliance, and permitting and consultations under the Clean Water Act, Endangered Species Act, and federal and state laws governing historical and cultural resources.
- East Cypress Corridor Project, Contra Costa County. Represented national homebuilders on environmental review of a 1,255-acre master-planned community under NEPA and CEQA and obtained permits associated with surface waters and wetlands, water supply, and endangered fish and wildlife.
- Vista Grande Drainage Basin Improvement Project, San Francisco and San Mateo Counties. Representing the City of Daly City on a joint environmental document being prepared under CEQA and NEPA for a $120 million stormwater management and infrastructure project, including the replacement and enhancement of existing infrastructure, installation of constructed wetlands, and management of water levels within the historical lake basin. Advising client on regulatory and permitting requirements for federal special use permits, land use entitlements, and federal and state permits associated with surface waters and wetlands, coastal development, and sovereign lands administered by the California State Lands Commission.
- Religious Facility and Cemetery, Santa Clara County. Representing South Valley Islamic Community in connection with CEQA review of proposed project – including mosque, community center, and cemetery – in San Martin, California.
Representative Energy and Mining Projects
- Distribution Station, Los Angeles County. Advised public water and energy agency on CEQA compliance for an EIR for the construction of a new electrical power distribution station.
- Lease and Permit Extensions for Bay and Western Delta Sand Mining, San Francisco, Solano, and Contra Costa Counties. Advising two aggregate mining operators on all permits and entitlements for mining up to 1.35 million cubic yards of construction-grade alluvial sand annually from the San Francisco Bay, Suisun Bay, and western Delta. Advised the clients on completion of the Project EIR with the California State Lands Commission and helped secure permits from the Bay Conservation and Development Commission and the Regional Water Quality Control Board.
- Oil Drilling and Production, Santa Barbara County. Comprehensive CEQA review of oil wellfield and infrastructure needed to deliver recycled water for production process. Significant issues included compliance with California’s cap and trade program, climate change impacts and mitigation, and consultations with federal and state wildlife agencies on endangered species.
- Photovoltaic Solar Project, Inyo County. Advised public water and energy agency on an EIR for a 200 megawatt photovoltaic solar farm.
- Photovoltaic Solar Project, Riverside County. Advised a utility-scale solar developer with respect to NEPA and CEQA compliance and preparation and review of CEQA findings for its proposed 150-megawatt, 1,200-acre solar photovoltaic power plant on federal lands administered by the Bureau of Land Management, as well as associated endangered species and other natural resources authorizations under state and federal law.
- Photovoltaic Solar Project, San Bernardino County. Advised a utility-scale solar developer with respect to NEPA and CEQA compliance for its proposed 358-megawatt photo-voltaic power plant in unincorporated San Bernardino County.
- Solano Wind Project, Solano County. CEQA review for 128-megawatt project involving 75 wind turbine generators and associated transmission in the Collinsville-Montezuma Hills Wind Resource Area, including review of avian and bat mortality, air traffic control radar, construction-related air quality emissions, and aesthetics.
- Surface Mining Operation, Alameda County. Advised a global building materials company on CEQA compliance, county permitting requirements, and streambed alteration agreements with respect to the amendment of its existing use permits for a 925-acre surface mining operation.
Litigation
- Save the Plastic Bag Coalition v. City of Manhattan Beach, 52 Cal.4th 155 (2011). Prevailed on review in the California Supreme Court regarding proper application of CEQA’s fair argument standard.
- San Francisco Baykeeper, Inc. v. California State Lands Commission, 242 Cal.App.4th 202 (2015). Represented two leaseholders in CEQA/public trust action challenging EIR for sand mining leases in San Francisco and Suisun Bays. Prevailed at trial and on appeal on all claims brought under CEQA, including with respect to the environmental baseline, cumulative impacts, recirculation, thresholds of significance, and consultation with trustee agencies.
- Delaware Tetra Technologies, Inc. v. County of San Bernardino; Center for Biological Diversity v. County of San Bernardino. Assisted in defense of County as responsible agency in six coordinated actions challenging groundwater project under CEQA and the County’s Desert Groundwater Management Ordinance. Prevailed at trial and on appeal on all claims. Appeal resulted in two published decisions (— Cal.App.4th — (2016 WL 2742702) and — Cal.App.4th — (2016 WL 2742824) and four unpublished decisions..
- Sunnyvale West Neighborhood Ass’n. v. City of Sunnyvale City Council, 190 Cal.App.4th 1351 (2010). Defended EIR prepared by City of Sunnyvale for a major transportation infrastructure project, in both the trial court and the appellate court. Case resulted in key appellate decision regarding selection of a baseline for CEQA impacts analysis.
- City of Santee v. County of San Diego, 186 Cal.App.4th 55 (2010). Prevailed for the California Department of Corrections and Rehabilitation in the first published appellate decision to apply the California Supreme Court’s ruling in Save Tara, which pertains to whether or not a particular activity involves a sufficient “commitment” and thus constitutes a definite course of action for purposes of triggering CEQA review.
- Friends of the Kings River v. County of Fresno, Fresno Co. Sup. Ct. (2013). Prevailed in defending against challenge to use permit and reclamation plan for an aggregate mine under CEQA and SMARA.
- Eldorado-Ivanpah Transmission Project, San Bernardino County (2011). Represented two utility-scale solar developers in opposing requests for rehearing in administrative proceedings before the California Public Utilities Commission. The rehearing requests alleged that the Commission violated CEQA in approving a substation and transmission line upgrades needed for new solar energy resources in the Ivanpah Valley.
- Masonite Corporation v. County of Mendocino, 215 Cal.App.4th 230 (2013). Represented landowner in action challenging an Environmental Impact Report (EIR) under CEQA and California planning and zoning laws. Prevailed on appeal.
- Bertani v. City of Vacaville, 2005 Cal.App. Unpub. LEXIS 5552 (2005). Defense against CEQA and zoning code challenges to commercial shopping center. Prevailed at trial and on appeal.
- Santa Teresa Citizens Action Group v. City of San Jose, 114 Cal.App.4th 689 (2003). Defense against suit challenging construction of a pipeline for delivery of reclaimed water to a new energy facility brought by a private water company under CEQA, California planning laws, and the common law public trust doctrine. Prevailed at trial and on appeal.
- Stockton Citizens for Sensible Planning v. City of Stockton, 48 Cal.4th 481 (2010). Represented landowner in defense of claim that approval of a shopping center violated CEQA, the California Constitution, and California planning and zoning laws. Prevailed on appeal to California Supreme Court.
Samuel D. Bacal-Graves
Samuel D. Bacal-Graves
Associate
Sam Bacal-Graves helps public and private clients successfully navigate complex permitting, land use, and environmental issues.
Industry Areas:
ConstructionEnergy & Utilities
Healthcare
Higher Education
Municipal & Public Agency
Nonprofit/Tax-Exempt Organizations
Real Estate
Water Rights & Resources
Practice Areas:
Air Quality & Climate ChangeAppellate & Writ Practice
CEQA / NEPA
Endangered Species
Energy
Energy Project Development
Environmental/Toxics Litigation
Flood Protection Law
Land Use
Public Utility Regulation
Real Estate
Real Property & Land Use Litigation
Sacramento 916.520.5452
Associate
Sacramento 916.520.5452
Austin C. Cho
Austin C. Cho
Counsel
When facing complex water rights issues, clients look to Austin Cho for his shrewd analysis and creative solutions.
Practice Areas:
CEQA / NEPAEndangered Species
Flood Protection Law
Groundwater Law
Public Trust Doctrine
Regulatory Law & Business Permitting
Sustainable Groundwater Management Act (SGMA)
Water Law
Water Rights Litigation
Sacramento 916.520.5212
Counsel
Sacramento 916.520.5212
Ernest Conant
Ernest Conant
Counsel
Ernest Conant has been at the forefront of California water law for more than four decades, managing and resolving water resources management issues, particularly those involving water rights and supply, endangered species, and environmental challenges.
Practice Areas:
CEQA / NEPAEndangered Species
Groundwater Law
Infrastructure
Sustainable Groundwater Management Act (SGMA)
Water Law
Water Rights Litigation
Sacramento 916.520.5348
Counsel
Sacramento 916.520.5348
Brian E. Hamilton
Brian E. Hamilton
Counsel
Brian Hamilton applies his litigation skills to help water clients achieve results in and out of the courtroom.
Practice Areas:
CEQA / NEPAEndangered Species
Environmental/Toxics Litigation
Groundwater Law
Sustainable Groundwater Management Act (SGMA)
Water Law
Water Rights Litigation
Sacramento 916.520.5340
Counsel
Sacramento 916.520.5340
Amy R. Higuera
Amy R. Higuera
Partner / Co-Chair, Diversity Committee
Amy Higuera has successfully represented numerous clients in achieving favorable results in environmental law and land use entitlement matters.
Industry Areas:
ConstructionEnergy & Utilities
Municipal & Public Agency
Nonprofit/Tax-Exempt Organizations
Real Estate
Water Rights & Resources
Practice Areas:
Air Quality & Climate ChangeAppellate & Writ Practice
CEQA / NEPA
Endangered Species
Energy
Energy Project Development
Infrastructure
Land Use
Real Estate
Real Property & Land Use Litigation
Regulatory Law & Business Permitting
Water Quality Law
San Francisco 415.848.4836
Partner
San Francisco 415.848.4836
Breana M. Inoshita
Breana M. Inoshita
Associate
Breana Inoshita is committed to assisting her public agency and private clients navigate a wide variety of complex land use and environmental issues.
Industry Areas:
ConstructionEnergy & Utilities
Municipal & Public Agency
Real Estate
Water Rights & Resources
Practice Areas:
Air Quality & Climate ChangeCEQA / NEPA
Endangered Species
Energy
Energy Project Development
Land Use
Pipelines & Terminals
Public Trust Doctrine
Real Property & Land Use Litigation
Regulatory Law & Business Permitting
San Francisco 415.848.4845
Associate
San Francisco 415.848.4845
Christopher M. Marelich
Christopher M. Marelich
Associate
Christopher Marelich is committed to helping clients navigate California’s complex energy and environmental regulatory landscape.
Practice Areas:
Air Quality & Climate ChangeCEQA / NEPA
Energy
Energy Project Development
Environmental Enforcement Defense
Environmental Remediation & Due Diligence
Environmental/Toxics Litigation
Infrastructure
Pipelines & Terminals
Proposition 65
Public Utility Regulation
Sacramento 916.520.5246
Associate
Sacramento 916.520.5246
Christian L. Marsh
Christian L. Marsh
Partner / Executive Committee Member
Public agencies and private companies turn to Christian Marsh for advice on regulatory and land use entitlement issues governing real estate developments, ground and surface water supply projects, renewable and non-renewable energy facilities, mining operations and processing plants, and port and waterfront developments.
Practice Areas:
Air Quality & Climate ChangeAppellate & Writ Practice
CEQA / NEPA
Endangered Species
Energy
Energy Project Development
Environmental Enforcement Defense
Environmental Remediation & Due Diligence
Environmental/Toxics Litigation
Groundwater Law
Infrastructure
Land Use
Pipelines & Terminals
Public Trust Doctrine
Real Property & Land Use Litigation
Regulatory Law & Business Permitting
Water Law
Water Quality Law
Water Rights Litigation
San Francisco 415.848.4830
Partner
San Francisco 415.848.4830
Sarah Nagle
Sarah Nagle
Associate
Using her creativity and analytical skillset, Sarah Nagle supports work on varied environmental issues to provide clarity for clients.
Practice Areas:
Air Quality & Climate ChangeCEQA / NEPA
Environmental Enforcement Defense
Environmental Remediation & Due Diligence
Environmental/Toxics Litigation
Infrastructure
Land Use
San Francisco 415.848.4835
Associate
San Francisco 415.848.4835
Meredith E. Nikkel
Meredith E. Nikkel
Partner
Clients facing complex water right issues rely on Meredith Nikkel’s discerning eye as a litigator and her problem-solving approach as an innovator.
Practice Areas:
CEQA / NEPAEndangered Species
Groundwater Law
Public Trust Doctrine
Regulatory Law & Business Permitting
Sustainable Groundwater Management Act (SGMA)
Water Law
Water Rights Litigation
Sacramento 916.520.5211
Partner
Sacramento 916.520.5211
Kathryn L. Oehlschlager
Kathryn L. Oehlschlager
Partner / Chair, Natural Resources Department
With more than twenty years of experience in environmental law, Kathryn Oehlschlager has built a robust practice spanning environmental and land use compliance counseling, state and federal enforcement defense, and major litigation.
Industry Areas:
AerospaceAgribusiness
Construction
Energy & Utilities
Higher Education
Municipal & Public Agency
Nonprofit/Tax-Exempt Organizations
Real Estate
Water Rights & Resources
Practice Areas:
Air Quality & Climate ChangeCEQA / NEPA
Endangered Species
Energy
Energy Project Development
Environmental Enforcement Defense
Environmental Remediation & Due Diligence
Environmental/Toxics Litigation
Flood Protection Law
Groundwater Law
Infrastructure
Land Use
Proposition 65
Public Trust Doctrine
Real Property & Land Use Litigation
Water Law
Water Quality Law
San Francisco 415.848.4820
Partner
San Francisco 415.848.4820
Dustin D. Peterson
Dustin D. Peterson
Associate
Dustin Peterson is a results-oriented attorney that is focused on helping both private and public sector clients find creative and efficient solutions to navigating complex environmental and land use issues.
Practice Areas:
Appellate & Writ PracticeCEQA / NEPA
Environmental/Toxics Litigation
Land Use
Real Estate
Real Property & Land Use Litigation
Water Law
Sacramento 916.520.5298
Associate
Sacramento 916.520.5298
Andrew M. Skanchy
Andrew M. Skanchy
Partner
Andrew Skanchy helps clients get projects done. Although the permitting process can be confusing and daunting, Andrew has extensive experience navigating clients through the morass and helping them achieve their objectives.
Practice Areas:
Air Quality & Climate ChangeCEQA / NEPA
Environmental Remediation & Due Diligence
Food & Agriculture
Land Use
Public Trust Doctrine
Real Property & Land Use Litigation
Sacramento 916.520.5412
Partner
Sacramento 916.520.5412
Rebecca R. A. Smith
Rebecca R. A. Smith
Partner / Recruiting Partner
Clients facing challenging, sensitive, or complex water law issues rely on Rebecca Smith’s expertise to best map their path.
Industry Areas:
AgribusinessHigher Education
Municipal & Public Agency
Real Estate
Water Rights & Resources
Practice Areas:
CEQA / NEPAEndangered Species
Flood Protection Law
Food & Agriculture
Food & Agriculture Litigation
Groundwater Law
Land Use
Real Property & Land Use Litigation
Sustainable Groundwater Management Act (SGMA)
Water Law
Water Rights Litigation
Sacramento 916.520.5281
Partner
Sacramento 916.520.5281
Tina Thomas
Tina Thomas
Of Counsel
Tina Thomas practices law the same way she lives life outside the firm - with relentless drive, unshakable commitment, and intrepidity.
Industry Areas:
Energy & UtilitiesMunicipal & Public Agency
Nonprofit/Tax-Exempt Organizations
Real Estate
Water Rights & Resources
Sacramento 916.520.5380
Of Counsel
Sacramento 916.520.5380
Jake R. Voorhees
Jake R. Voorhees
Associate
Jake Voorhees helps clients navigate the complexities of surface and groundwater water rights and supply with precision and passion.
Practice Areas:
CEQA / NEPAGroundwater Law
Sustainable Groundwater Management Act (SGMA)
Water Law
Water Rights Litigation
Sacramento 916.520.5322
Associate
Sacramento 916.520.5322
Announcements
17 related items-
June 24, 2024Ernest Conant, the Former Regional Director of the U.S. Bureau of Reclamation Joins Downey Brand
-
September 28, 2022Thomas Law Group to Merge with Downey Brand
Merger Compliments Strategic Expansion of Natural Resources Department in Sacramento and San Francisco -
October 29, 2021Rebecca Smith Named 40 Under 40 by Sacramento Business Journal
-
August 20, 2021Downey Brand Partner Christian Marsh Named Best Lawyers® 2022 “Lawyer of the Year” for Natural Resources Law in San Francisco
-
October 20, 2020Downey Brand Welcomes Madeline R. Weissman to its San Francisco Office
-
January 15, 2020Downey Brand Names Two New Partners
-
December 13, 2019Downey Brand Welcomes Brenda Bass to Natural Resources Practice in Sacramento
-
November 15, 2019Meredith Nikkel Named 40 Under 40 by Sacramento Business Journal
-
May 20, 2019Downey Brand Senior Associate Promoted to Counsel
-
January 1, 2019Downey Brand’s Sacramento Office Welcomes Brian E. Hamilton
-
October 15, 2018Natalie Kirkish and Benjamin Lee Join Downey Brand’s Natural Resource Team
-
December 20, 2017Downey Brand Promotes Four New Counsel
-
December 12, 2017Downey Brand Names Six New Partners
-
January 13, 2017Christopher Rendall-Jackson Joins Downey Brand’s San Francisco Office
-
January 6, 2017Downey Brand Names New Partners and Counsel
-
April 20, 2016Announcing CEQA Chronicles
A Blog Focusing on Environmental Review Under the California Environmental Quality Act -
November 2, 2015Veteran Environmental Attorneys Kathryn Oehlschlager and Donald Sobelman Join Downey Brand
Firm Furthers its Bay Area Commitment with Expansion of San Francisco Office
In the News
2 related items-
June 27, 2023CA Supreme Court agrees to review if courts can demolish UC Berkeley student housing plans over ‘noise’
Northern California Record -
September 30, 2022Environmental, Land Use Law Firm Thomas Law Group Merging with Downey Brand
Sacramento Business Journal
Speaking Engagements / Events
28 related items-
November 19, 2024BPC Briefing: 2024 CEQA and Regulatory Update
Bay Planning Coalition's 12th Annual CEQA Update -
November 4, 2024CEQA Update: Issues and Trends in 2024
UCLA Extension - Webinar -
September 30 & October 1, 2024From Delta to Drought: California Water Rights, Water Supply, and Land Use Law
Argent Communications 38th Annual California Water Law & Policy Conference -
February 15, 2024CEQA 2024 Update – A Deeper Dive
Argent Communications 9th Annual California Land Use Law & Policy Virtual Conference -
January 30, 2024BPC Briefing: 2023-24 CEQA Update
CEQA Case Developments - Year in Review -
November 30 - December 1County Counsels’ Association of California Fall 2023 Land Use Study Section Meeting
Embassy Suites by Hilton Monterey Bay Seaside, California -
November 30, 2023CEQA Update: What the Courts/Legislature Did to Us This Year
County Counsels' Association of California Fall 2023 Land Use Study Section Meeting -
March 10, 20222022 Advanced CEQA Workshop
Speaker, 2022 Advanced CEQA Workshop -
December 3, 2021Annual CEQA Update Featuring Senator Nancy Skinner
Speaker, Bay Planning Coalition CEQA Update 2021 -
April 28, 2021 & May 12, 20212021 Advanced CEQA Workshop
Association of Environmental Professionals -
April 19 & 21, 2021Water Rights, Policy, Regulation, and the Future under the New Administration
Argent Communications 35th Annual California Water Law & Policy Virtual Conference -
November 19, 2020BPC Expert Briefing: CEQA Update 2020
Bay Planning Coalition's 8th Annual CEQA Update -
November 11, 2020CEQA and Environmental Impact Reports: 2020 Cases, Standards, Mitigation Measures, Exemptions and Lead Agencies
Strafford Webinars -
May 26, 2020The Intersection of CEQA & the Cannabis Industry
Moderator, Bar Association of San Francisco, CLE Webinar -
November 18, 2019BPC Expert Briefing: CEQA Update 2019
Bay Planning Coalition's 7th Annual CEQA Update -
October 17-20, 201928th Annual Environmental Law Conference at Yosemite®
Presented by the California Lawyers Association -
June 27, 2019Compliance with AB 52: A Consultation Success Story
Moderator, Bar Association of San Francisco Environmental Law Section -
May 10, 2019Resiliency for a Vibrant Bay Area
Panelist, Bay Planning Coalition’s 2019 Spring Summit -
May 2-3, 2019County Administration of Groundwater Under CEQA, the Public Trust Doctrine and SGMA – ELF v. SWRCB and POWER v. Stanislaus County
Co-presenter, County Counsels' Association of California Spring 2019 Land Use Conference -
October 25, 2018BPC Workshop: CEQA Update and Federal Regulatory Developments 2018
Bay Planning Coalition's 6th Annual CEQA Update -
October 22, 2017CEQA Update: A Perennial Favorite
Moderator, 26th Annual Environmental Law Conference at Yosemite® -
October 17, 2017CEQA Update 2017: Climate Change & Hot Topics Review
Panelist, Bay Planning Coalition's 5th Annual CEQA Update -
October 22, 2016Legal Issues in National Park Management
Moderator, 25th Annual Environmental Law Conference at Yosemite® -
September 15-16, 2016CEQA Litigation Update
Co-presenter, ACWA 2016 CLE Conference -
May 4-6, 2016Land Use and CEQA Litigation Update
Presenter, League of California Cities City Attorneys' Spring Conference -
October 6, 2015CEQA Update 2015
Panelist, Bay Planning Coalition -
September 10-11, 2015CEQA Litigation Update, Hot Topics and Trends
Co-presenter, ACWA Annual CLE Workshop -
October 29, 2014CEQA Update 2014
Panelist, Bay Planning Coalition
Blogs
164 related items-
December 3, 2024First District Holds that Analysis of Development’s Increased Wildfire Risk is a Necessary Component of Project EIR
CEQA Chronicles -
November 25, 2024Downey Brand Victory: EIR Upheld for Sand and Gravel Mine; Lead Agency Allowed to Recover Administrative Record Costs
CEQA Chronicles -
November 5, 2024CEQA Legislative Fix For State Capitol Renovation Upheld, All Work Performed Exempt
CEQA Chronicles -
October 11, 2024Alleged CEQA Abuse not Actionable under RICO Says Ninth Circuit
CEQA Chronicles -
September 10, 2024California Supreme Court Clarifies Time to Appeal Writ Decisions
CEQA Chronicles -
July 25, 2024California Supreme Court Reverses First District Court of Appeal’s Decision in UC Berkeley People’s Park Student Housing Case
CEQA Chronicles -
June 21, 2024Project’s Completion Did Not Moot CEQA Claim
CEQA Chronicles -
April 29, 2024U.S. Supreme Court rules that legislatively-imposed permit conditions must satisfy the ‘essential nexus’ and ‘rough proportionality’ tests for takings
CEQA Chronicles -
April 22, 2024City of Livermore Must Process a Referendum Challenging an Affordable Housing Development Project
CEQA Chronicles -
January 29, 2024HAA does not Mandate Approval of Housing Project Found Inconsistent with Zoning
CEQA Chronicles -
January 15, 2024Extensions to State Project Long-Term Water Supply Contracts Survive Appeal
CEQA Chronicles -
January 19, 2024Trial Court Upholds City’s Discretion Regarding Whether Resources Qualify as Tribal Cultural Resources; AB 52 Consultation Not Required with Tribe that Failed to Timely Request Consultation
CEQA Chronicles -
January 18, 2024Downey Brand Victory: Filing Multiple NODs does not Restart Statute of Limitations
CEQA Chronicles -
January 8, 2024City’s Decision to Reduce Floor Area Ratio in Single-Family Residential Zone Violates State Housing Law
CEQA Chronicles -
January 4, 2024Annual Legislative Update: Important Land Use Laws Taking Effect in 2024
CEQA Chronicles -
December 20, 2023Court Upholds Master Plan EIR’s Climate Change Analysis that Used Sector and Region-Specific Data to Develop a Threshold of Significance
CEQA Chronicles -
December 7, 2023County Ordinance Creating Wildlife Migration Corridor Found in Compliance with CEQA and the Surface Mining and Reclamation Act
CEQA Chronicles -
November 13, 2023Sixth District Says City’s Specific Plan EIR Need Not Analyze Speculative Alternative Scenario Conjured by Project Opponents
CEQA Chronicles -
September 26, 2023Environmental Real Parties may be entitled to attorney’s fees for helping agency defend against private party attacks on highway route extension
CEQA Chronicles -
September 25, 2023Trial Court’s Jurisdiction over CEQA Case is Lost after Writ is Satisfied by Rescission of Project Approvals
CEQA Chronicles -
September 13, 2023Court of Appeal Finds Substantial Evidence Supports City’s Use of Statutory Exemption to Approve a Zoning Overlay District For Commercial Cannabis Uses
CEQA Chronicles -
September 7, 2023Four Populations of Foothill Yellow-Legged Frog Listed as Endangered or Threatened Under Federal Endangered Species Act
CEQA Chronicles -
August 18, 2023Standard of Review Surprise: Fair Argument Applies Despite Prior Program EIR According to Fourth District
CEQA Chronicles -
July 24, 2023NIMBYism in Newport Beach: Court Upholds Addendum for Apartment Complex Challenged by NIMBY Neighboring Commercial Property Owner
CEQA Chronicles -
July 12, 2023California Infrastructure Plan Passes; Governor’s CEQA and Species Reforms are Narrowed, but Signed into Law
CEQA Chronicles -
July 5, 2023California Loses a Talented Planner: A Remembrance
CEQA Chronicles -
June 30, 2023Harm to Public Interest in Informed Decision-making Can Tip the Scales When Courts Weigh Preliminary Injunctions
CEQA Chronicles -
June 20, 2023UC Regents Prevails Against Dueling Challenges to Fuels Management Plan Designed to Reduce Wildfire Risk in the Berkeley Hills
CEQA Chronicles -
June 19, 2023Statue’s Status is History: City Prevails in CEQA Challenge to Removal of Junipero Serra Statue
CEQA Chronicles -
June 15, 2023California Supreme Court Grants Review in UC Berkeley People’s Park Student Housing Case
CEQA Chronicles -
June 14, 2023“It just so happens that [Governor Newsom’s Sweeping New Plan to Accelerate Infrastructure Projects] is only mostly dead.” – Miracle Max from The Princess Bride
CEQA Chronicles -
June 13, 2023The Fiscal Responsibility Act’s Modest NEPA Amendments to Streamline Project Review
CEQA Chronicles -
June 12, 2023Sixth District Upholds City’s Rejection of Proposed Compensatory Mitigation for Demolition of Historic Building
CEQA Chronicles -
June 7, 2023AB 1000: Legislative Restrictions on New Warehouse Construction Granted Reconsideration in 2024
CEQA Chronicles -
May 30, 2023The End of an Era: U.S. Supreme Court Eliminates Significant Nexus Test in Favor of Relatively Permanent Waters, Ruling in Favor of the Sacketts and States’ Rights by Restricting Jurisdictional Waters of the United States
CEQA Chronicles -
May 19, 2023Neighbor vs. Neighbor Dispute Over Home Remodel Leads to Reversal of Anti-SLAPP Motion in Court of Appeal
CEQA Chronicles -
April 17, 2023Privately Owned Public Utility Not Required to Comply With CEQA in Eminent Domain Action
CEQA Chronicles -
April 10, 2023Oakland and the A’s Prevail on All but One Minor Issue in Ballpark EIR Case; Wind Mitigation Found Inadequate
CEQA Chronicles -
March 15, 2023Second District Rejects CEQA and Coastal Act Challenge to Senior Facility in Pacific Palisades Area of Los Angeles
CEQA Chronicles -
March 14, 2023Substantial Changes to Marilyn Monroe Art Installation Extends Statute of Limitations to Challenge Under CEQA
CEQA Chronicles -
March 6, 2023Neighbor’s General Complaints of Environmental Concerns Insufficient to Exhaust Administrative Remedies as to CEQA Exemption Determination
CEQA Chronicles -
March 3, 2023California Appeals Court Rules that State Water Board’s Duty to Prevent Waste and Unreasonable Use of Water is “Highly Discretionary”
CEQA Chronicles -
February 21, 2023Court Finds Use of Addendum Improper as Project’s GHG Emissions Likely Outside the Scope of Prior Programmatic EIR and Unusual Circumstances Exception Applied to Use of Infill Exemption
CEQA Chronicles -
February 1, 2023Petitioner Required To Post Bond For Costs Incurred As A Result Of Delay In Carrying Out Affordable Housing Project In Livermore
CEQA Chronicles -
January 17, 2023Approval Upheld for Lafayette Affordable Housing Project Delayed for a Decade
CEQA Chronicles -
January 20, 2023Design Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-Making
CEQA Chronicles -
January 5, 2023First District Affirms Denial of Anti-SLAPP Motion in a Malicious Prosecution Action Filed Against CEQA Petitioner’s Attorney
CEQA Chronicles -
December 29, 2022Construction of 90-Foot-Tall Lights at Athletic Field Not Categorically Exempt as either an Existing Facility or Construction of a Small Structure
CEQA Chronicles -
December 23, 2022Exhausting Administrative Remedies Does Not Toll the Statute of Limitations When the CEQA Determination Is Not at Issue
CEQA Chronicles -
December 21, 2022Court Finds Site Visits and Reports Taken Before and After Issuance of NOP Adequate for Establishing Biological Resources Baseline, EIR’s Emergency Evacuation Analysis Upheld
CEQA Chronicles -
October 24, 2022Residential Development Project Consistent with Specific Plan Found Exempt from Further CEQA Review
CEQA Chronicles -
September 21, 2022Court Holds CEQA Is Not Preempted in Federal Hydroelectric Relicensing Proceeding
CEQA Chronicles -
September 20, 2022Third District Invalidates Water Bottling Facility EIR for Overly Narrow Project Objectives and Failure to Recirculate
CEQA Chronicles -
September 20, 2022Third Circuit Makes Clear That Lead Agencies and Responsible Agencies Alike Must Make Findings Under CEQA
CEQA Chronicles -
May 24, 2022Full Quantification of Water Rights Not Required for CEQA Review, Second District Declares
CEQA Chronicles -
December 1, 2021Real Parties in Interest Are Not Automatically Indispensable Parties to CEQA Litigation
CEQA Chronicles -
April 26, 2022New NEPA Rule Restores Demanding Environmental Review Practices for Major Federal Projects
CEQA Chronicles -
April 20, 2022BAAQMD Modifies its CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plans
CEQA Chronicles -
December 20, 2021California Enacts More Than Two Dozen Laws This Year to Combat Housing Crisis
CEQA Chronicles -
December 13, 2021Third Appellate District Recognizes Unique Regional Resources at Lake Tahoe in Finding Olympic Valley Resort EIR Flawed
CEQA Chronicles -
October 22, 2021Are Reductions in Parking a CEQA Impact – Second District Finds Context is Key
CEQA Chronicles -
October 19, 2021Ninth Circuit Finds that Distribution of Drinking Water Containing MCL-Compliant Levels of Hexavalent Chromium Gives Rise to RCRA Liability in Decision that Upends Law of the Circuit
CEQA Chronicles -
October 6, 2021Petitioners Strike Out—Court Finds Statutory Deadline Does Not Preclude Streamlining of Oakland A’s Stadium Project
CEQA Chronicles -
July 26, 2021First District Court of Appeal Finds CEQA Claim Time-Barred Due to Insufficient Tolling Agreement
CEQA Chronicles -
July 21, 2021Residents’ Comments About Existing Fire Hazards Do Not Constitute Substantial Evidence of a New Project’s Impacts Under CEQA
CEQA Chronicles -
June 17, 2021First District Denies Challenge to Napa County Approval of Mining Operations Because Petitioner Failed to Exhaust Administrative Remedies and CEQA Requires Limited Review of General Plan Consistency
CEQA Chronicles -
June 17, 2021Governor Newsom’s New Executive Order Establishes End Dates For Pandemic-Related Suspensions for CEQA Filing, Posting, Notice, and Tribal Consultation Requirements and Brown Act Meeting Requirements
CEQA Chronicles -
June 9, 2021Third District Finds County General Plan Requirements for Mitigating Traffic Impacts Present an Unconstitutional Exaction
CEQA Chronicles -
May 28, 2021Good News for California Housing: SB 7 Extends Expedited CEQA Review to Small-Scale Infill Housing Projects
CEQA Chronicles -
May 21, 2021CEQA Plaintiffs Beware: Meritless Lawsuits May Be Subject To Counter-Claims for Malicious Prosecution
CEQA Chronicles -
May 17, 2021Poseidon’s Desalination Plant’s Supplemental EIR Holds Water According to the Court of Appeal
CEQA Chronicles -
May 14, 2021In First Published Opinion Interpreting SB 35, Court of Appeal Rejects City of Berkeley’s Attempts to Avoid Application of the Law and Orders Streamlined Approval of Mixed-Use Infill Project
CEQA Chronicles -
May 3, 2021Properly Posting Notice of Determination Triggers Short CEQA Statute of Limitations Despite Not Providing the Notice to Petitioner as Requested
CEQA Chronicles -
April 22, 2021First District Finds Petitioner Failed to Exhaust Administrative Remedies in CEQA Challenge to Removal of Controversial Sculpture
CEQA Chronicles -
April 19, 2021California Supreme Court Grants Review of Third District’s Preemption Decision
CEQA Chronicles -
March 1, 2021Judge Finds that Water Boards Have Authority to Regulate Discharges of Dredge and Fill Material as Waste Under Porter-Cologne Water Quality Control Act
CEQA Chronicles -
January 28, 2021Biden’s Inauguration Day Executive Order on Environment and Energy Regulation
CEQA Chronicles -
January 22, 2021Judge Suspends State Procedures as Applied to Majority of Waters of the State; Retains Application to Waters Subject to the Clean Water Act and All Ocean Waters Regardless of Jurisdiction
CEQA Chronicles -
January 13, 2021First Appellate District Approves Responsible Agency’s Imposition of Mitigation Not Considered in the EIR
CEQA Chronicles -
September 8, 2020In Martis Camp Ruling, Subsequent Review Under CEQA Hinges on the Right EIR
CEQA Chronicles -
September 2, 2020California Supreme Court Throws the Barn Doors Open, Finding That Groundwater Well Permits Aren’t Necessarily Ministerial
CEQA Chronicles -
August 3, 2020Agency Email Correspondence Must be Retained Under CEQA, Appeals Court Holds
CEQA Chronicles -
July 20, 2020Sixth District Holds CEQA Does Not Require Supplemental Review for a Streambed Alteration Permit
CEQA Chronicles -
April 28, 2020Governor Newsom Issues Order Requiring Electronic Posting of CEQA Notices and Suspending CEQA Filing, Posting, Notice, and Tribal Consultation Requirements for 60 Days
CEQA Chronicles -
June 9, 2020Trump Signs Executive Order Allowing Agencies to Bypass NEPA, ESA, and CWA Requirements
CEQA Chronicles -
June 1, 2020COVID-19 Alert: Judicial Council Amends Emergency Rule 9 for CEQA and Planning Cases
CEQA Chronicles -
May 29, 2020Second Appellate District Expands Baseline Analysis in Upholding Environmental Impact Report for Refinery Project Intended to Help Reduce Air Pollutants
CEQA Chronicles -
May 27, 2020Third Appellate District Voids City Council Vote Based on Legislative Member’s Bias
CEQA Chronicles -
May 4, 2020Twenty-Two Environmental Groups and Nineteen Jurisdictions File Suit in Three District Courts Challenging The 2020 WOTUS Rule
CEQA Chronicles -
April 23, 2020To VMT or not to VMT? Third District Says Level of Service No Longer Valid to Measure Traffic Impacts, But Use of Vehicle Miles Traveled is Not Yet Required
CEQA Chronicles -
April 23, 2020After Months of Delay The 2020 WOTUS Rule is Finally Published, Ensuring the California Regulated Community Receives No Relief Associated with the Rule’s Bright Lines and Clarifications
CEQA Chronicles -
April 21, 2020Two CEQA Statute of Limitations Cases, Two Different Results
CEQA Chronicles -
April 8, 2020COVID-19 Alert: Judicial Council Issues Sweeping Emergency Rules; Local Agencies Issue Regional Changes
CEQA Chronicles -
March 12, 2020Fifth Appellate District Invalidates Kern County Oil and Gas Ordinance
CEQA Chronicles -
September 11, 2019State Wetland Definition and Procedures for Discharges of Dredge or Fill Material to Waters of the State Becomes Effective on May 28, 2020
CEQA Chronicles -
August 22, 2019California Supreme Court Holds Medical Marijuana Zoning Ordinance is a Project Subject to CEQA
CEQA Chronicles -
August 20, 2019Trump Administration Announces Three Rules Making Sweeping Changes to Federal Endangered Species Act Regulations
CEQA Chronicles -
May 20, 20192019 Amendments to the CEQA Guidelines: Part Two – Greenhouse Gases, Energy, and Wildfire Impacts
CEQA Chronicles -
April 4, 2019After Years of Handwringing and Lengthy Stakeholder Negotiations, California Water Board Adopts State Wetland Definition and Procedures for Discharges of Dredge or Fill Material to Waters of the State
CEQA Chronicles -
April 2, 2019First District Rejects “Location Exception” for Project in Earthquake Fault and Landslide Areas and Affirms Class 3 Exemption for Small Residential Projects in the Berkeley Hills
CEQA Chronicles -
February 15, 20192019 Amendments to the CEQA Guidelines: Part One – Transportation Impacts
CEQA Chronicles -
February 1, 2019Court of Appeal Finds No Discretionary Action in St. Helena Multi-family Dwelling Development
CEQA Chronicles -
January 29, 2019Fourth District Upholds Use of Existing Facilities Exemption for San Diego Amusement Park Lease, Finding no Causal Connection Between “Unusual Circumstance” and Potential Impacts
CEQA Chronicles -
December 31, 2018California Supreme Court Requires De Novo Review for EIR Adequacy Challenges and Imposes Heightened EIR Requirements Connecting Environmental Impacts with Specific Health Consequences
CEQA Chronicles -
November 27, 2018California Supreme Court Set to Review Companion Groundwater Cases and Resolve When County-Issued Well Permits May Be Treated As Ministerial and Not Subject to CEQA
CEQA Chronicles -
November 4, 2018Fourth District Upholds San Diego’s Addendum for Balboa Park Revitalization Project, Validates the CEQA Addendum Process
CEQA Chronicles -
November 1, 2018Court of Appeal Allows CEQA Challenge to PG&E Tree Removal Project to Proceed, But Finds Claims under Planning & Zoning Law Time-Barred
CEQA Chronicles -
October 23, 2018California Supreme Court Hears CEQA Appeal Questioning the Appropriate Legal Standard of Review for EIR Challenges and the Need for More Specific Health Impact Analyses
CEQA Chronicles -
October 22, 2018Bay Planning Coalition Workshop: 2018 CEQA Update and Federal Regulatory Developments
CEQA Chronicles -
July 23, 2018Administration Continues its Roll on Regulatory Changes, Proposing Numerous Changes in Rules Governing Federal Endangered Species Act
CEQA Chronicles -
July 2, 2018For the First Time in Forty Years, White House Council on Environmental Quality Poised to Propose Major Overhaul of its Implementing Regulations Under NEPA
CEQA Chronicles -
June 8, 2018OPR Issues Helpful Technical Advisory Listing CEQA Exemptions Outside CEQA Statute
CEQA Chronicles -
May 1, 2018Update: SCOTUS Declines Review of Friends of the Eel River CEQA Preemption Decision
CEQA Chronicles -
April 26, 2018Appeals Court Finds that EIR for Planned Los Angeles Railyard for Storage and Transfer of Goods Failed to Sufficiently Consider Air Quality Impacts
CEQA Chronicles -
April 24, 2018West Covina Mitigated Negative Declaration Upheld, and Parking Impacts For Infill Projects Deemed Exempt by the Second Appellate District
CEQA Chronicles -
February 5, 2018Fifth Appellate District Upholds City of Visalia’s General Plan Update Against Challenge to Square Footage Restrictions in Neighborhood Commercial Zones
CEQA Chronicles -
January 12, 2018Clean Sweep for City of San Diego in Challenge to Approval of Private School
CEQA Chronicles -
January 5, 2018Second Appellate District Rejects Challenge to EIR Alternatives Analysis for West Hollywood Redevelopment Project
CEQA Chronicles -
October 25, 2017First Appellate District Rejects Urban Decay Claim, Upholds EIR for New El Dorado County Courthouse
CEQA Chronicles -
August 29, 2017Fourth Appellate District Upholds City of San Diego’s Rejection of Subdivision Project and Related MND
CEQA Chronicles -
August 1, 2017“Self-Governance,” Not “Regulation”: California Supreme Court Rules No Federal Preemption of CEQA under ICCTA for State-Owned Rail Projects
CEQA Chronicles -
July 25, 2017DWR Certifies EIR for WaterFix, Triggering 30-Day Deadline for Opponents to File Suit
CEQA Chronicles -
July 18, 2017State Legislature Reaches Agreement on Extension of the Greenhouse Gas Cap-and-Trade Program; Stops the Bay Area Air Quality Management District’s Proposed Cap (and-No-Trade)
CEQA Chronicles -
July 6, 2017Sixth District Upholds County Zoning Updates Against Piecemealing Claim, Rejects Challenge to Negative Declaration Based on “Wholly Speculative” Impacts
CEQA Chronicles -
June 20, 2017First Appellate District Holds that Air Quality Management District’s Issuance of “Authority to Construct” May Be Challenged Under CEQA
CEQA Chronicles -
May 31, 2017The California Supreme Court Has a Banner Week, Hearing Argument in Three CEQA and Land Use Cases
CEQA Chronicles -
May 15, 2017A Rare Decision on Preclusion in the CEQA Context
CEQA Chronicles -
May 9, 2017Up One Day, Down the Next—California Air Resources Board Receives Mixed Reviews in its Implementation of its Cap-and-Trade Program and Low Carbon Fuel Standard
CEQA Chronicles -
May 7, 2017Third District Finds that EIR for Residential Development Inadequately Assessed Traffic Impacts
CEQA Chronicles -
May 4, 2017Limitations on Subsequent Review Under CEQA
CEQA Chronicles -
May 2, 2017Banning Ranch Conservancy v. City of Newport Beach
CEQA Chronicles -
April 30, 2017Second District Denies Mandatory Relief from Adverse Judgment to Plaintiff Whose Counsel Failed to Timely Lodge Administrative Record
CEQA Chronicles -
March 24, 2017Fourth Appellate District Upholds EIR for 200-Acre Specific Plan Development in Riverside County
CEQA Chronicles -
March 14, 2017Downey Brand Partners to Speak at AEP 2017 State Conference in San Francisco
CEQA Chronicles -
March 6, 2017CEQA Implications of California Supreme Court Decision Finding Public Officials’ and Employees’ Personal Accounts Do Not Escape Reach of Public Records Act
CEQA Chronicles -
January 18, 2017California Supreme Court Grants Review in Medical Marijuana CEQA Case
CEQA Chronicles -
November 16, 2016Ninth Circuit Upholds Final EIS for Tahoe Area Regional Plan Update
CEQA Chronicles -
October 24, 2016Local Ordinance Regulating Medical Marijuana Dispensaries is Not a “Project” Subject to CEQA Review, Fourth Appellate District Rules (Again)
CEQA Chronicles -
October 11, 2016Downey Brand’s Fall 2016 CEQA and Land Use Litigation Update
CEQA Chronicles -
September 30, 2016Fifth District Allows Real Party to Recover Costs of Record Preparation
CEQA Chronicles -
September 27, 2016Surface Transportation Board Discusses Boundaries of Federal Preemption of CEQA and Local Land Use Requirements, Denies Petition by Refinery Over Crude-By-Rail Facility
CEQA Chronicles -
September 21, 2016California Supreme Court Rejects “New Project Test” and Defers to Agencies on Whether Project Modifications Require Subsequent Environmental Review
CEQA Chronicles -
September 15, 2016First Appellate District Upholds Use of Subsequent Mitigated Negative Declaration for Revisions to Use Permit for Religious Facility, Rejects Claim of General Plan Inconsistency
CEQA Chronicles -
September 7, 2016Legislature Extends Judicial Streamlining For Environmental Leadership Projects For Two Years, Through 2018
CEQA Chronicles -
August 29, 2016Second Appellate District Upholds Use of Class 3 Exemption and Rejects Claim That “General Effects” of Operating a Business Constitute Unusual Circumstances
CEQA Chronicles -
August 25, 2016Sixth Appellate District Adopts Substantial Evidence Standard for Review of Lead Agency Determinations Regarding Historical Resources
CEQA Chronicles -
August 22, 2016Air District CEQA Guidelines Partially Invalidated For Mandating “CEQA-In-Reverse” Analysis, Following Remand From California Supreme Court
CEQA Chronicles -
August 15, 2016Appellate District Rejects ‘Discovery Rule’ in CEQA Cases and Holds Challenge to Richmond Crude-By-Rail Facility Untimely Under 180-day Statute of Limitations
CEQA Chronicles -
July 29, 2016Appellate Court Rejects Urban Decay Claim Based on Lay Witness Opinion, Upholds Mitigated Negative Declaration
CEQA Chronicles -
July 27, 2016Appellate Court Upholds Bay Area’s SB 375 Sustainable Communities Strategy
CEQA Chronicles -
July 25, 2016Appellate District in Newhall Ranch Case Limits its Jurisdiction to Supervise Agency Compliance with Rulings in CEQA Cases
CEQA Chronicles -
July 20, 2016Fifth Appellate District Publishes Opinion Confirming Broad Discretion of Local Agencies to Determine General Plan Consistency
CEQA Chronicles -
July 4, 2016Addendum Does Not Save Inadequate Energy Impacts Analysis in EIR, First Appellate District Rules
CEQA Chronicles -
June 24, 2016Appeals Court Finds Wal-Mart EIR Deficient and Overturns Development Approval Due to Inadequate Map Act Findings
CEQA Chronicles -
June 16, 2016CEQA Portal, New Web Resource for CEQA Practitioners, Now Available
CEQA Chronicles -
June 9, 2016Fifth Appellate District Rejects CEQA and General Plan Consistency Challenges to Modesto Commercial Development
CEQA Chronicles -
June 1, 2016Court of Appeal Rejects Use of Categorical Exemption, Muddies the Waters on Standard of Review for Exceptions
CEQA Chronicles -
May 23, 2016Downey Brand’s Spring 2016 CEQA and Land Use Litigation Update
CEQA Chronicles -
May 11, 2016Appeals Court Affirms Cadiz Valley Groundwater Project
CEQA Chronicles -
April 21, 2016Court of Appeal Hands Medical Marijuana Advocates a Two-Fold Victory, Under Both State Election Law and CEQA
CEQA Chronicles -
April 19, 2016Social and Psychological Impacts Related to “Community Character” Not Covered by CEQA
CEQA Chronicles -
April 6, 2016Appellate Court Upholds Local Restrictions on Medical Marijuana Dispensaries Against CEQA Challenge
CEQA Chronicles -
April 5, 2016The End (of LOS) is Nigh: OPR’s Revised Proposal on Analysis of Transportation Impacts
CEQA Chronicles -
April 4, 2016Another Busy Year for CEQA in the California Supreme Court: Arguments Set for May 4 in San Mateo Gardens Case; Four Other Cases Pending
CEQA Chronicles
Legal Alerts
20 related items-
July 1, 2024The Supreme Court Significantly Undercuts Agency Authority By Overruling Chevron in Landmark Ruling
-
October 19, 2023Newly Signed SB 286 Streamlines and Clarifies Permitting Process for Offshore Wind
Energy Law -
July 12, 2023California Infrastructure Plan Passes; Governor’s CEQA and Species Reforms are Narrowed, but Signed into Law
Environmental Law -
January 4, 2023California Energy Commission Releases Draft Permitting Roadmap for Offshore Wind Development and Report on Economic Benefits of Offshore Wind
Energy Law -
December 7, 2022BOEM Announces Results of First West Coast Offshore Wind Lease Sale
Energy Law -
October 25, 2022BOEM Publishes Final Sale Notice for California Offshore Lease Areas
Energy Law -
March 1, 2021Judge Finds that Water Boards Have Authority to Regulate Discharges of Dredge and Fill Material as Waste Under Porter-Cologne Water Quality Control Act
Water Quality Law -
January 20, 2021Judge Suspends State Procedures as Applied to Majority of Waters of the State; Retains Application to Waters Subject to the Clean Water Act and All Ocean Waters Regardless of Jurisdiction
Environmental Law -
April 13, 2020USEPA Issues Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19
Downey Brand COVID-19 News and UpdatesEnvironmental Law -
March 12, 2020Fifth Appellate District Invalidates Kern County Oil and Gas Ordinance
Environmental Law -
September 10, 2019State Wetland Definition and Procedures for Discharges of Dredge or Fill Material to Waters of the State Becomes Effective on May 28, 2020
Environmental Law -
May 9. 2019Joint Powers Authority Comprised of Irrigation Districts and the City and County of San Francisco Challenge Recently Adopted State Wetland Definition and Procedures for Discharges of Dredge or Fill Material to Waters of the State
Environmental Law -
April 4, 2019After Years of Handwringing and Lengthy Stakeholder Negotiations, California Water Board Adopts State Wetland Definition and Procedures for Discharges of Dredge or Fill Material to Waters of the State
Environmental Law -
January 8, 2016The California Supreme Court’s CEQA Docket Comes To A Dramatic Close For The Year, Resolving That EIRs Need Not Address The Environment’s Impacts On A Project
Environmental Law -
December 2, 2015California Supreme Court Strictly Interprets State Fully Protected Species Statute and Finds Greenhouse Gas Emissions Analysis Inadequate in Newhall Ranch EIR
Land Use Law -
October 30, 2015Update: Berkeley Hillside Case Ends With Victory for Lead Agency in Court of Appeal
Land Use Law -
August 5, 2015Supreme Court Holds California State University Cannot Avoid Off-Campus Mitigation
Land Use Law -
March 4, 2015California Supreme Court Delivers Long-Awaited Ruling In Berkeley Hillside
Land Use Law -
May 6, 2014Orange County Trial Court Upholds Cadiz Valley Groundwater Project
Water Law -
July 2010Court of Appeal Holds That CEQA Is Not Triggered By a Public Agency’s Investigation of Sites for a Potential Project
Land Use Law
Publications
31 related items-
December 20242024 Legislative Year End Wrap Up
California Land Use Law & Policy Reporter, Volume 34, Number 3 -
August/September 2024Legislative Update: Important Land Use Legislation
California Land Use Law & Policy Reporter, Volume 33, Number 11 -
July 2024Ninth Circuit Holds Forest Service Cannot Combine NEPA Categorical Exclusions
California Land Use Law & Policy Reporter, Volume 33, Number 19 -
July 2024Council on Environmental Quality’s Final Phase 2 Rules for NEPA Streamline Process but Also Expand Agency Review
Environmental, Energy, & Climate Change Law & Policy Reporter, Volume 4, Number 10 -
May 2024Sacramento County Superior Court Rules in Favor of the State Water Board’s Substitute Environmental Document for Phase I of the San Francisco Bay-Delta Plan
California Water Law & Policy Reporter, Volume 33, Number 8 -
March 2024Third Circuit Upholds FAA’s New Jersey Airport Improvements Approval Under NEPA
Environmental, Energy, & Climate Change Law and Regulation Reporter, Volume 4, Number 6 -
March 2024Legislative Update
California Land Use Law & Policy Reporter, Volume 33, Number 6 -
January 23, 2024Downey Brand Compilation of Published CEQA Cases in 2023
-
December 20232023 Year-End Legislative Wrap Up
California Land Use Law & Policy Reporter, Volume 33, Number 3 -
November 2023District Court Finds U.S. Forest Service Failed to Adequately Address Environmental Impacts From Amendments to Tree-Removal Standards in National Forests
Environmental, Energy, & Climate Change Law and Regulation Reporter, Volume 4, Number 2 -
October 2023Legislative Update
California Land Use Law & Policy Reporter, Volume 33, Number 1 -
October 2023D.C. Circuit Finds U.S. Surface Transportation Board Failed to Take a ‘Hard Look’ at Utah Oil Rail Project’s Environmental Impacts Under NEPA
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 4, Number 1 -
October 2023U.S. Bureau of Reclamation Receives Scoping Comments on Post-2026 Colorado River Operations
California Water Law & Policy Reporter, Volume 34, Number 1 -
August/September 2023Council on Environmental Quality’s Proposed Phase 2 Regulations Modifying the National Environmental Policy Act Are Open for Comment
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 11 -
July 6, 2023Streamlining Provisions Won’t Apply to Delta Conveyance Project
Daily Journal -
June 16, 2023Governor’s Infrastructure Plan: Legislature Finds Modest CEQA Reforms too Complex for a Vote this Year
Daily Journal -
May 2023Ninth Circuit Finds FAA Failed to Take Requisite ‘Hard Look’ Under NEPA at Noise Impacts From Airport Terminal Replacement Project
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 8 -
March 2023Tenth Circuit Finds BLM Needs to Take a Hard Look Under NEPA for New Mexico Fracking Permits
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 6 -
January 2023Stanislaus County Superior Court Orders Water District to Vacate Approval of the Del Puerto Canyon Reservoir Project Pending Compliance With CEQA
California Water Law & Policy Reporter, Volume 33, Number 4 -
September 2022D.C. Circuit Upholds FERC’s Approval of Adelphia Pipeline Acquisition Under NEPA
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 2, Number 11 -
April 2022Department of Water Resources Begins Preparation of Environmental Impact Report for West False River Drought Salinity Barrier
California Water Law & Policy Reporter, Volume 32, Number 7 -
January 10, 2022The $1.2 Trillion Infrastructure Legislation Provides Key Funding and NEPA Streamlining for Key Environmental and Infrastructure Projects
Environmental, Energy, & Climate Change Law and Regulation Reporter, Volume 2, Number 4 -
November 6, 2021California Passes Three Key Housing Bills this Legislative Year to Streamline CEQA Review for Certain Housing Projects
California Land Use Law & Policy Reporter, Volume 31, Number 2 -
July 27, 2020Streamlining the Federal Environmental Review Process: The Pros and Cons of FAST-41
Natural Resources & Environment, Volume 35, Number 1, Summer 2020 -
May 13, 2016Will San Francisco’s Private Commuter Shuttles be Shut Down?
Daily Journal -
September 8, 2015Calif. High Court Humbles Itself Over CEQA Case
Law360 -
December 19, 20142014 Saw A Wave of Environmental Law Changes
Daily Journal -
November 17, 2014Federal Preemption May Be The Key For Calif. Railroads
Law360 -
September 16, 2014Analysis of New Framework for Transportation Impact Under CEQA
ENR California -
January 23, 2014Will 2014 Finally Be The Year For Long-Awaited CEQA Reform
San Francisco Daily Journal -
April 22, 2011Statewide Stormwater Permit Revisions Could Limit Citizen Suits Against Industry
San Francisco Daily Journal