CEQA

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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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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California Slowing Down on Cap and Trade

Yesterday, Mary Nichols slipped a bit of a bombshell  into testimony before the California Senate Select Committee on the Environment, the Economy and Climate Change.  She announced that the state’s Air Resources Board is planning to “initiate” the cap and trade program in 2012 but not “start the requirements for compliance”  until 2013.  This effectively …

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Breaking News: AB 32 Cap and Trade Program Allowed to Proceed Pending Appeal

The 1st Appellate District of the California Court of Appeal has temporarily stayed (in other words lifted) the trial court’s injunction preventing the California Air Resources Board from implementing its cap and trade program for greenhouse gas emitters.  As Cara blogged previously, the trial court in Association of Irritated Residents v. ARB issued a writ of …

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The recent court decision blocking California’s scoping plan to reduce greenhouse gas emissions: One-stop shopping for recent Legal Planet commentary

Several of the bloggers on Legal Planet have been commenting extensively on the recent California court decision that will block the California Air Resources Board from moving forward with its AB 32 Scoping Plan and related regulations.  I’ve provided links below to a series of our posts on this decision. The court, ruling on a …

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