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Governor Signs Two New CEQA Bills

Governor Brown has signed two new bills amending the California Environmental Quality Act (CEQA). AB 52 establishes new consultation procedures with California Native American tribes, and provides that an adverse change to a...more

What's a ROG and Can It Hurt Me? EIR Overturned For Failure to Explain Air Quality Impacts to Human Health

In Sierra Club v. County of Fresno (Cal. Ct. App. 5th Dist. May 27, 2014), the Fifth Appellate District found fault with the County of Fresno’s (County) review of the Friant Ranch Project (Project) under the California...more

Financial Infeasibility of CEQA Alternatives Determined By Reasonably Prudent Person

In SPRAWLDEF et al. v. San Franscisco Bay Conservation and Development Commission, et al. (“SPRAWLDEF”)(certified for publication 5/28/2014), the First Appellate District reversed the trial court’s decision and held the San...more

City Officials Dodge Disclosure of Private Emails and Texts Under Public Records Act

In a case that seems sure to jump-start legislative activity in Sacramento and throughout the state, the court in City of San Jose v. Superior Court (6th App. Dist., Mar. 27, 2014), held that communications regarding City...more

Application for State Funds Not A "Project" Under CEQA

In City of Irvine v. County of Orange (“City of Irvine”) (published and modified on November 22, 2013), the Fourth District Court of Appeal affirmed the trial court’s ruling that the County of Orange’s (“County”) application...more

Governor Brown Signs SB 743 - The CEQA Reform That Wasn't

On September 27, 2013, Governor Brown signed Senate Bill 743, bringing to a close a legislative session full of surprises when it comes to CEQA reform. SB 743 paves the way for streamlined judicial review of the proposed new...more

Appellate Court Requires Calculation of Current Emissions in GHG Analysis Under CEQA

In Friends of Oroville, et al. v. City of Oroville, et al. (“Friends of Oroville”) (filed and published in part on August 19, 2013), the Third District Court of Appeal partially reversed the trial court in finding that the...more

Appellate Court Finds BAAQMD CEQA Significance Thresholds Did Not Violate CEQA

Greenhouse Gas and Toxic Air Contaminant CEQA Thresholds May Soon Be Reinstated - In California Building Industry Association v. Bay Area Air Quality Management District (filed August 13, 2013) (“CBIA”) , the First...more

California Appeals Court: Air Resources Board Low Carbon Fuel Standards Regulations Violate CEQA

In Poet, LLC et al. v. California Air Resources Board et al., the Fifth Appellate District held the Air Resources Board (“ARB”) violated CEQA and the APA with its approval of the Low Carbon Fuel Standards (“LCFS”)...more

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