CEQA
Climate Lawsuits Now a Matter of Life and Death
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
What a week for watchers of climate litigation. Big new filings, claims of death and destruction, a landmark ruling, and a juicy hearing all in the span of 36 hours. First, there was what the New York Times described as “the first wrongful death lawsuit” to be brought against oil and gas companies over claims …
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CONTINUE READINGThe CEQA Poison Pill In SB 607
Weakening the statewide standard of review benefits polluting facilities
For California to meet its climate goals and bring down prices on basic needs like housing, transportation and energy, it will need to dramatically increase infill housing, transit and clean energy facilities, among other projects. Part of achieving that goal involves reforming how environmental review under the California Environmental Quality Act (CEQA) can counter-productively slow …
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CONTINUE READINGAnother CEQA urban residential exemption bill
AB 609 provides a different and promising approach for advancing urban infill, but it could use a map
Following up on my recent post about SB 607, which proposes creating a California Environmental Quality Act (CEQA) exemption for urban infill housing, a similar bill, AB 609, has also been introduced this session. Like SB 607, AB 609 exempts from CEQA housing projects in urban areas. The main difference with respect to the infill …
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CONTINUE READINGThe Death of CEQA?
Not quite, but Assemblymember Wicks’ new bill would severely limit CEQA for housing.
“Legislative bombthrower” is one of those cliched – and thus overused – metaphors. And California State Assemblymember Buffy Wicks (D-Richmond) has no reputation as one. But with her latest effort, AB 609, it seems like she is enjoying her Molotov cocktail shaken, not stirred. Wicks’ bill – now cosponsored with several other Assemblymembers – is …
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CONTINUE READINGCEQA and infill development
SB 607 is an excellent beginning for reforming CEQA to facilitate residential infill development
The state legislature continues its efforts to facilitate more housing production in California. Among the most significant bills being considered this session in Sacramento is SB 607, which would provide some substantial changes to how environmental review under the California Environmental Quality Act (CEQA) would operate. Overall, this is a bill that would provide important …
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CONTINUE READINGBanking and Exchange Programs to Mitigate Vehicle Miles Traveled
The 1950s has been called the decade of the American Dream. The United States economy grew by 37 percent, and homeownership surged as suburban houses—equipped with their white picket fences—“sold like hotcakes.” But this American Dream has come at a steep cost. Let’s fast forward to today; more than half a century of government housing …
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CONTINUE READINGHonoring Michael Zischke (1954-2025)
A Force in the CEQA World
Michael Zischke was a talented and award-winning land use and environmental lawyer, Mike was widely recognized for his extensive expertise in California Environmental Quality Act (CEQA) litigation and compliance.
CONTINUE READINGThe Fires in Los Angeles
Wildfire policy and the tragic fires in Southern California?
National attention is (rightly) focused on the terrible fire situation in Los Angeles. At the moment, the top priority is supporting first responders who are trying to control the fires, prevent more damage, and help the people who have lost homes and loved ones. There is (of course) a bunch of chatter on social media …
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CONTINUE READINGCalifornia can help meet its climate goals by removing SERP’s sunset date
By Molly Bruce, Dave Smith, Michael Kiparsky, Derek Hitchcock, Peter Van De Burgt, Sydney Chamberlin, Megan Cleveland
Many regulatory clearances like permits aim to guard against projects that pose harm to the environment. However, permitting can also undercut environmental restoration efforts. While restoration is designed to remedy environmental harms and improve resilience to climate change, permitting can substantially increase project costs and slow or altogether impede environmentally beneficial projects. Striking an effective …
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CONTINUE READINGLittle Hoover Commission Releases Flawed CEQA Report
The long-awaited report proposes sweeping exemptions and process changes—even though its own reasoning points in the opposite direction.
More than a year ago, California’s Little Hoover Commission convened the first in a series of public hearings designed to interrogate the California Environmental Quality Act (CEQA) as well as Californians’ often tense relationship with that landmark legislation. In recent years, some pro-housing advocates have pointed to CEQA as the bogeyman driving the state’s affordable …
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