California OLD

Major, Proposed CEQA Amendments Sent to California Governor Jerry Brown

In the waning hours of its just-concluded session, the California Legislature passed and sent to Governor Jerry Brown a package of bills that, if signed into law by Brown, will represent the most significant amendments to the California Environmental Quality Act (CEQA) in many years.  I believe it’s likely Brown will approve some or all …

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A dangerous bill

California is known in the United States for its aggressive environmental laws, some of the most aggressive in the United States.  One of the key reasons for that reputation is the California Environmental Quality Act (CEQA).  CEQA is similar to the federal National Environmental Policy Act (NEPA) in that it requires a public review of …

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More on California Environmental Leader & Coastal Advocate Peter Douglas

Legal Planet colleague Jonathan Zasloff has previously written about the recently-announced retirement of long-time California Coastal Commission Executive Director Peter Douglas.  I’d like to add a few additional comments about Peter, my long-time mentor, client and friend. Peter Douglas has devoted the past four decades of his incredibly rich and active life to the cause of …

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New UCLA Report Takes on California’s Groundwater Management

It’s still the wild west in California when it comes to groundwater management. California depends heavily on groundwater as a source of water supply, but is one of only two western states–the other being Texas–that allows for the withdrawal of groundwater without a permit or any other means of tracking and regulating users.  Perhaps not surprisingly, …

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Paper or Plastic?

The California Supreme Court today issued a significant decision interpreting and applying California’s most important environmental law–the California Environmental Quality Act, or CEQA. The issues in Save the Plastic Bag Coalition v. City of Manhattan Beach were: 1) whether a Southern California beach community was required to prepare an environmental impact report (EIR) under CEQA …

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A New Threat to Regional Government & Environmental Quality at Lake Tahoe

Back in the early `70’s, Bob Dylan wrote (and sang), “What looks large from a distance, up close ain’t never that big.” That Dylan lyric came to mind when reports recently emerged of the latest political controversy involving Lake Tahoe. Both nationally and internationally, there’s been substantial praise for the pioneering efforts at regional planning …

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Court allows California to continue developing cap and trade program pending appeal

This just in: Late today, a California appellate court granted the State’s request to stay (in other words, lift), pending appeal, the injunction issued by the lower court in Ass’n of Irritated Residents vs. CARB, the environmental justice community challenge to California’s work so far under its Global Warming Solutions Act (AB 32).  Absent any …

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AB 32 alive and well after final order issued in AIR v. ARB, the EJ challenge to California cap and trade

On Friday afternoon, Judge Goldsmith of the California Superior Court issued his final order in the case pitting environmental justice advocates against the State’s Air Resources Board on the issue of cap and trade (order available here).  We’ve written a lot about the case and about the values conflicts underlying it (see here for access …

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Forest Offsets and Fuzzy Math in the Angeles National Forest

I previously posted that Sierra Club wants Governor Brown to re-examine forest offsets under California’s cap-and-trade program. One of the commenters to that post wondered if the plan to plant 10,000 acres of trees in the Angeles National Forest was an example of such an offset. Now I don’t know if that planting would count …

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Sierra Club asks Gov. Brown to re-examine AB 32 cap-and-trade

On May 9, Sierra Club requested that Governor Jerry Brown “re-evaluate” the cap-and-trade rule promulgated by the California Air Resources Board.  The Sacramento Bee has some initial reactions and you can read the original letter here.  As noted in our earlier posts, CARB’s cap-and-trade rule has come under judicial scrutiny and its status is somewhat …

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