CEQA
Could standing save CEQA?
One of the recent complaints about CEQA has been that the statute has been abused by various parties who have no interest in protecting the environment, but instead are simply interested in either (a) raising costs for competitors or (b) using the threat of CEQA litigation to extract payments from project proponents. Various horror stories …
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CONTINUE READINGOn the risks of CEQA exemptions
In the course of a very good post about the benefits of environmental review statutes such as CEQA, Jonathan ascribed to me the position that “policymakers should [not] continue to look for useful exemptions to CEQA” based on a prior post that I had written opposing recent (now enacted) legislation creating limited exemptions from CEQA …
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CONTINUE READINGHow CEQA Saved Mono Lake
Environmental lawyers and policy wonks know that the California Supreme Court’s famed decision in Nat’l Audubon Soc’y v. Superior Court, better known as the Mono Lake case, saved California’s second-largest lake from drying up. And to some extent this is true: I am working on a full-length book about the case, and so far that story seems to check out. …
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CONTINUE READINGThe CEQA Streamlining “Slippery Slope” May Help Rail Transit
Whenever proposals come along to exempt or streamline environmental review for certain projects under the California Environmental Quality Act (CEQA), CEQA defenders fear the slippery slope. Even if the target projects are environmentally benign, the concern is that once the CEQA armor has been pierced, special interests will be able to exploit the opening to …
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CONTINUE READINGTea Party activist wants to repeal all California environmental laws
A number of other posts on Legal Planet have noted various efforts by Republicans in Congress to stop or repeal EPA regulations. Those efforts are part of a broader movement by Tea Party organizations (organizations that are overwhelmingly Republican) to effectively eliminate environmental regulations in the United States. If there was any doubt about that …
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CONTINUE READINGU.C. Davis’ “CEQA at 40” Conference Now Available Online
On November 4th, the U.C. Davis School of Law’s California Environmental Law & Policy Center hosted “CEQA at 40: A Look Back & Ahead.” Celebrating the 40th anniversary of California’s bedrock environmental law, the California Environmental Quality Act, the conference drew some 400 attendees to U.C. Davis, with many more viewing the proceedings via a …
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CONTINUE READINGDeploying Large-Scale Solar on Marginal Agricultural Land: A New Berkeley / UCLA White Paper
With California committed to achieving 33 percent of its energy from renewable sources by 2020, some solar and wind developers are rushing to propose large-scale installations on California farmland. These sites can be attractive because they are close to existing transmission lines and substations and have good sun exposure. However, proposed projects on farmland tend …
CONTINUE READINGA dangerous bill (ctd.)
Recently the California state legislature passed a series of measures that provided for accelerated judicial review for challenges to the CEQA review process for certain projects. (CEQA is the California Environmental Quality Act. It requires review of the environmental impacts of many kinds of development projects in California.) The projects to be exempted were those …
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CONTINUE READINGCEQA “Reform” in California: 3-For-3
As expected, California Governor Jerry Brown this week signed into law SB 226, the third and final piece of a three-bill package of statutory amendments to the California Environmental Quality Act (CEQA) that state legislators enacted last month. Brown last week approved the other two, more controversial CEQA bills, SB 292 and SB 900, as …
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CONTINUE READINGCalifornia Sup Ct Lets California Continue Its Cap and Trade Work
The California Supreme Court issued an order today that allows the California Air Resources Board (CARB) to continue implementing its cap and trade program. The history here is somewhat convoluted. The state’s plan (called the scoping plan) to implement the California Global Warming Solutions Act contains within it a cap and trade program. A group of environmental justice …
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