CEQA
CA Supreme Court Rejects California State University’s CEQA Dodge–Again
Justices Hold CSU Can’t Pass the Buck re: Environmental Mitigation Measures Tied to Campus Expansion
In an important decision issued last week, the California Supreme Court forcefully rejected the California State University’s efforts to avoid paying for mitigation measures needed to offset the adverse environmental impacts associated with CSU’s ambitious expansion plans. That’s welcome if predictable news from a court that has in recent years been protective of the state’s bedrock …
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CONTINUE READINGCEQA and the Drought
Republicans are using the drought as an argument for CEQA exemptions
One thing that the deep drought in California has prompted is more discussion of water storage projects like dams. Part of that discussion has been arguments that environmental review pursuant to CEQA should be “streamlined” for water storage projects. A bill to streamline environmental review for two dam projects died in the Assembly this year. …
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CONTINUE READINGCalifornia Supreme Court to Decide Major CEQA, Climate Change Case
Justices’ Latest Grant of Review Continues Supreme Court’s Focus on Environmental Law
To paraphrase former President Ronald Reagan, there they go again. The California Supreme Court on Wednesday granted review in an important case at the intersection of the California Environmental Quality Act (CEQA) and one of the state’s most important climate change laws. The case, Cleveland National Forest Foundation v. San Diego Association of Governments, is the …
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CONTINUE READINGThe California Supreme Court’s Unprecedented Focus on Environmental Law
California’s Highest Court Has Far More Environmental Cases Pending Than Ever Before in Its History
The California Supreme Court, perhaps the most influential state supreme court in the nation, has of late become unusually and intensely focused on environmental law. More than ever before in its history, the California Supreme Court currently has before it a large docket of environmental cases that, individually and collectively, promise to alter the legal …
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CONTINUE READINGCalifornia Finally Breaks Ground On High Speed Rail Today
Six years and many lawsuits and political compromises after voters approved it
It’s been over six years since California voters approved a bond measure to fund a two-hour-and-forty-minute Los Angeles to San Francisco high speed rail system. Today groundbreaking finally takes place in Fresno. In the intervening six years, lawsuits and political compromises have delayed the system and likely made the timetables promised to voters impossible to …
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CONTINUE READINGSan Diego Loses Appeal On Its Weak Transportation Plan
Today ‘s ruling confirms that the plan failed under CEQA to consider greenhouse gas emissions to 2050
Back in 2011, the San Diego Association of Governments issued a really bad regional transportation plan. These plans must prioritize transportation investments across the metropolitan region for the coming decades and are the basis for receiving state and federal infrastructure dollars. And while most regional transportation plans are usually pretty bad (i.e. favoring highway expansion …
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CONTINUE READINGSome lessons from l’affaire Tesla
There has been a lot of commentary over the decision by Tesla to make its multi-billion dollar investment in a new battery factory in Nevada, rather than California. There have been some criticisms that California did not do enough to lure Tesla here, and/or that its business climate is not supportive enough for investment, including …
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CONTINUE READINGKashkari’s Unworkable Environmental Review “Reform” Plan
Net zero buildings for everyone?
In last night’s California gubernatorial debate, Republican candidate Neel Kashkari proposed a major reform to the California Environmental Quality Act (CEQA), which requires environmental review of new projects. But rather than gutting CEQA completely, a la State-Senator-turned-Chevron-lobbyist Michael Rubio, Kashkari proposed to give all projects the same breaks that the Sacramento Kings received in last …
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CONTINUE READINGMisleading Attacks On California’s New Transportation Analysis Under CEQA
Big Law Firm Holland & Knight Misrepresents New State Guidelines
Last year, the California legislature passed badly needed reform to change how agencies evaluate a project’s transportation impacts under the California Environmental Quality Act (CEQA). The Governor’s Office of Planning and Research (OPR) was tasked with coming up with new guidelines for how this analysis should be done going forward. As I blogged about, the …
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CONTINUE READINGTransit-Oriented Projects In California Won’t Be Penalized For Traffic Impacts Anymore
Governor’s Office Releases New Environmental Review Guidelines
Back in 2013, there was significant discussion about reforming the California Environmental Quality Act (CEQA), with the business community and its attorneys arguing that CEQA is nothing more than a litigation tool for opponents of new projects. Some environmentalists and labor unions countered that CEQA is necessary for decision-makers to adequately assess the environmental impacts …
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