CEQA

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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Name That CEQA Plaintiff!

The recent environmental justice lawsuit on AB 32 carried with it a typical CEQA characteristic: the plaintiff is a community organization formed for the purpose of a lawsuit whose name is usually a play on the issue.  Thus, this case was Association of Irritated Residents v. CARB: “AIR,” get it? Cute.  But not even close …

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Two Cheers for Environmental Justice Cynicism

Ann is a little puzzled  about what the environmental justice community hopes to achieve by suing the state over cap-and-trade: why would a carbon tax be better? she asks.  Sean says that we need to understand that the EJ community is deeply committed to a series of process-oriented goals, and believe that these goals have …

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