Focus
Effective immediately: CEQA reform legislation
Allen Matkins – July 2
On June 30, 2025, Governor Newsom signed two budget trailer bills into law: Assembly Bill 130 and Senate Bill 131, which reform the California Environmental Quality Act (CEQA) effective immediately. As explained by the Governor, the bills constitute “the most consequential housing and infrastructure reform in recent state history.” The Governor made it clear that his approval of the 2025-2026 state budget was contingent on these bills, which helped expedite an otherwise controversial and lengthy approval process by the State Legislature. The bills touch almost every major land use statute in California and include changes that affect various types of development projects, including exemptions from CEQA for certain urban infill housing, advanced manufacturing projects, semi-conductor, and broadband projects, among numerous other categories of projects. A summary of the most significant changes is provided in this legal alert.
News
Oakland loses appeal in dispute over coal terminal
The Oaklandside – June 30
The city of Oakland continued its losing streak last week in the high stakes legal battle over plans to ship coal through the city after an appellate court upheld a ruling in favor of the developers. A three-judge panel of the state’s First Appellate District Court of Appeal on Friday upheld the 2023 ruling by former Alameda County Superior Court judge Noël Wise (now a federal district court judge) that the city of Oakland had breached its contract with Oakland Bulk and Oversized Terminal (OBOT), the company led by developer Phil Tagami, which had plans to build a coal export terminal on a parcel of land near the port. Judge Wise had concluded that OBOT could choose to keep its lease to city-owned waterfront land and have it extended to try to restart the project, or the developers could abandon their lease and seek several hundred thousand dollars from the city. Tagami says the developer now plans to move the project forward with the city.
A new toxic metal has been found in the air after L.A. fires - No one knows where it’s coming from
San Francisco Chronicle – July 2
Beryllium has been found in dozens of homes in the Eaton and Palisades fire zones, according to test results obtained by the Chronicle from sampling performed for homeowners. It’s the first time beryllium has been documented in homes at scale following a wildfire, according to a dozen researchers, doctors, regulatory officials, and industrial hygienists interviewed by the Chronicle, none of whom said they knew why such elevated levels of beryllium are present in Los Angeles homes via wildfire debris. Beryllium is safely used commercially in numerous products, including electronics and cars. But when heated, objects containing beryllium can release the metal as microscopic particles that can infiltrate the lungs and potentially cause cancer and respiratory disease. Insurers for homeowners have disputed the beryllium findings and federal and state regulatory agencies that were contacted were unaware of potential beryllium contamination.
Controversial California climate rule, which could raise gas prices, takes effect
San Francisco Chronicle - July 1
California’s revamped Low Carbon Fuel Standard took effect on July 1. The new rules — which expand a program to reduce climate-warming gases and clean the air — ratchet up requirements for cleaner fuels and broaden a $2 billion credit market aimed at cutting emissions from cars, trucks, and freight. The new standard is projected to reduce carbon dioxide-equivalent gases by 558 million metric tons through 2046, according to the air board’s economic assessment.
Chiquita Canyon Landfill hit with new orders in yearslong battle to reduce stench
KTLA – June 25
Chiquita Canyon Landfill officials are being hit with “stronger mitigation measures” in a yearslong effort to reduce the persistent odors that have been affecting the surrounding community, the South Coast Air Quality Management District (AQMD) announced this Wednesday. Since January 2023, AQMD says it has received more than 29,500 odor complaints from nearby residents and has issued approximately 350 Notices of Violation to Chiquita Canyon Landfill for California Health & Safety Code violations. New and modified requirements include expanded remote air monitoring and the use of drones for aerial surveillance to detect landfill emissions more rapidly and in areas that are inaccessible.
Judge backs Reclamation in fight over California water contract conversions
Courthouse News Service – June 30
A federal judge agreed on Monday with the U.S. Bureau of Reclamation that conversion of temporary water contracts from the California Central Valley Project doesn't require a new environmental review under the National Environmental Policy Act (NEPA) or the federal Endangered Species Act. U.S. District Judge Jennifer Thurston ruled on cross-motions for summary judgment that the Bureau's interpretation of the 2016 Water Infrastructure Improvements for the Nation Act was more plausible than that of the environmental advocacy organization that sued five years ago.
Feds must decide on protections for Chinook salmon
Courthouse News Service – June 27
In a move environmentalists are hailing as an important victory for Chinook salmon conservation, the federal government has agreed to decide this year whether the fish warrants federal protections. By November 3, the National Marine Fisheries Service must decide whether so-called Oregon Coast and Southern Oregon and Northern California Coastal varieties of Chinook salmon warrant protections under the Endangered Species Act. Populations of both the Oregon and California varieties of Chinook salmon have dwindled significantly, such that they no longer even exist in some river basins, the plaintiffs allege.
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