CEQA

Deploying 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 …

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A 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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CEQA “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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California 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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California Governor Brown Signs CEQA Reform Bills

Today California Governor Jerry Brown signed into law legislation amending the California Environmental Quality Act (CEQA) to facilitate construction of both a major new sports stadium in downtown Los Angeles and large “environmental leadership development projects” involving financial commitments of at least $10 million and that incorporate substantial urban infill or renewable energy components. This …

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CEQA and Infill: A Good Year in California

Yes, the last-minute CEQA bills that Rick detailed were controversial. Yes, the bills carving out an expedited process for a sports stadium and $100 million projects, as Eric discussed, make many people question the process. But for those who care about climate change and infill, these bills will likely lead to better environmental outcomes than …

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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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Libertarians for Environmental Red Tape!

  Libertarians have long castigated environmental review statutes, such as NEPA and CEQA, for trampling private property rights, the theory being that they make developing property so difficult and expensive that they are tantamount to disrupting those right. That’s why it was so odd to see the Pacific Legal Foundation advocating for more prolix environmental …

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How Should Law Schools Teach Land Use?

I haven’t taught Land Use for a few years, but under pressure from the administration, I’m gearing up to teach it again a year from now.  And I’m going to need that time to figure it out, because it’s a little frustrating teaching it in the traditional way. To the extent that there is a …

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