News & Analysis as of

California Environmental Quality Act Environmental Litigation

Miller Starr Regalia

“Double Counting” or Redundant Mitigation?  Second District Holds CEQA Guidelines’ Additionality Requirement Precludes Applying...

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In a partially published 102-page opinion filed June 26, 2025, the Second District Court of Appeal (Div. 7) resolved cross-appeals by affirming the trial court’s judgment invalidating Los Angeles County’s 2019 EIR...more

Beveridge & Diamond PC

California Passes Major CEQA Reforms: Key Takeaways for the Regulated Community

Introduction - Last week, California enacted the most significant reforms to the California Environmental Quality Act (CEQA) since the mid-1970s. On June 30, Governor Gavin Newsom signed Senate Bill 131 and Assembly Bill 130...more

Farella Braun + Martel LLP

[Hybrid Event] Environmental Permitting and Litigation Fundamentals for Clean Energy Projects - July 16th, San Francisco, CA

Dive into the fundamentals of the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA) in our engaging session tailored for professionals in the clean energy sector. By the end of our...more

Downey Brand LLP

Indispensable Party: First District Rules Petitioner’s Failure to Join Real Party in Interest Necessitates Dismissal of Action

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In Citizens for a Better Eureka v. City of Eureka (2025) __ Cal. App. 5th __, the First District Court of Appeal affirmed a judgment dismissing a CEQA action that challenged an approval for the redevelopment of a City of...more

Downey Brand LLP

Senate Bill 607 and Potential Sweeping Changes to CEQA

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This year, over fifty bills were introduced in the Legislature that directly addressed a CEQA issue. Many died in committee, or failed to make it out of their respective houses. The vast majority of those that advanced sought...more

Miller Starr Regalia

First District Affirms Judgment Dismissing CEQA Action Based On Petitioner’s Failure To Join Indispensable Real Party Developer...

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In an opinion filed May 14, and later ordered published on June 11, 2025, the First District Court of Appeal (Div. 3) affirmed a judgment dismissing a CEQA action challenging an approval for a City parking lot...more

Hanson Bridgett

The Supreme Court Takes Aim at NEPA

Hanson Bridgett on

On May 29, 2025, the Supreme Court issued its Opinion in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al., one of the most high-profile National Environmental Policy Act, or NEPA, cases to reach...more

Perkins Coie

VMT Thresholds Must Be Based on Substantial Evidence Specific to Local Conditions

Perkins Coie on

The County of San Diego’s thresholds for exempting certain projects from vehicle miles traveled (VMT) analysis were not supported by substantial evidence showing they were appropriate specifically for the County. Cleveland...more

Alston & Bird

Land Use Matters | May 2025 | CEQA Appellate Decisions & Other Legal Developments

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City of Los Angeles - Expedited and Streamlined Review Process for Community Rebuilding - On March 18, 2025, Mayor Karen Bass issued Revised Emergency Executive Order No. 1 (EO 1) directing the Department of City Planning,...more

Downey Brand LLP

Are Your CEQA Thresholds Supported by Substantial Evidence? Fourth District Rules San Diego County’s Thresholds of Significance...

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In Cleveland National Forest Foundation v. County of San Diego (2025) 109 Cal. App.5th 1257, the Fourth District Court of Appeal invalidated two thresholds of significance adopted by the County of San Diego (“County”) that in...more

Allen Matkins

California Environmental Law & Policy Update 4.11.25

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President Trump issued an executive order this Tuesday taking aim at state and local climate change laws and policies, including California’s landmark market program for reducing greenhouse gases. The order directs U.S....more

Allen Matkins

California Court Clarifies CEQA Tribal Consultation Duties in First Published AB 52 Decision

Allen Matkins on

On March 14, 2025, the California Court of Appeal for the First District issued the first published opinion interpreting Assembly Bill 52 (AB 52), the law governing tribal consultation procedures under the California...more

Meyers Nave

Court of Appeal Invalidates County's Vehicle Miles Traveled (VMT) Screening Thresholds for CEQA Review

Meyers Nave on

A California court of appeal has held that a lead agency conducting environmental review, under the California Environmental Quality Act (CEQA), of “vehicle miles traveled” (VMT) impacts may not unquestioningly use thresholds...more

Miller Starr Regalia

Fourth District Invalidates San Diego County’s “Infill” And “Small Project” VMT Screening Thresholds As Lacking Substantial...

Miller Starr Regalia on

In a published opinion filed March 27, 2025, the Fourth District Court of Appeal (Div. 1) reversed the trial court’s judgment denying a writ petition, and held that two screening thresholds of significance for vehicle miles...more

Downey Brand LLP

Sixth District Holds CEQA 30-Day Statute of Limitations Triggered by Local Agency’s Definition of “Final” Approval

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In Center for Biological Diversity v. County of San Benito (2024) 104 Cal.App.5th 22, the Court of Appeal held that the statute of limitations for two CEQA challenges did not begin to run until the Board of Supervisors had...more

Perkins Coie

Approval of Class 32 Exemption Invalid Without Analysis of Project Consistency with Redevelopment Plan

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The Court of Appeal held that before issuing a CEQA Class 32 exemption, the City of Los Angeles was required to assess whether the project was consistent not only with the applicable zoning ordinance but also with the area’s...more

Perkins Coie

CARB's Rejection of Low-NoX Alternative When Adopting Advance Clean Trucks Regulation Did Not Violate CEQA

Perkins Coie on

In California Natural Gas Vehicle Coalition v. State Air Resources Board, 105 Cal. App. 5th 304 (2024), the court upheld the Advanced Clean Trucks Regulation (“Regulation”), holding that the California Air Resources Board did...more

Perkins Coie

Amendment of Specific Plan to Include Ban on New Vineyards Did Not Destabilize Project Description Under CEQA

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A change from heavy regulation of vineyards to a complete ban on new vineyards did not so destabilize the original project description as to amount to a prejudicial abuse of discretion and require a new EIR. Gooden v. County...more

Holland & Hart LLP

Marin Audubon Should Not Upend the NEPA Process

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D.C. Circuit majority opinion that CEQ regulations constitute ultra vires action should be considered dicta if the decision is allowed to stand. On November 12, 2024, the D.C. Circuit, in a split 2-1 decision in Marin...more

Nossaman LLP

[Webinar] Navigating Environmental Restrictions on Alternative Project Delivery for Complex Infrastructure Projects - October...

Nossaman LLP on

The National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA) and other environmental laws can create significant legal risks for the delivery of complex infrastructure projects using...more

Perkins Coie

CEQA Statute of Limitations Not Triggered by Planning Commission NOD While Appeal to Board of Supervisors Was Pending

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A Court of Appeal held that the CEQA statute of limitations period does not begin to run after the filing of an initial notice of determination if the project is appealed. Central for Biological Diversity v. County of San...more

Perkins Coie

EIR for State Water Project Contract Amendments Upheld

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The Third District Court of Appeal upheld the Department of Water Resources’ EIR concerning State Water Project contract amendments against multiple CEQA challenges related to impact analysis, project descriptions, and...more

Greenberg Glusker LLP

Yolo County Ruling: First CEQA Process Streamlined Under SB 149

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California took a significant step in streamlining the California Environmental Quality Act (CEQA) process with the passage of SB 149, a law that allows the California Governor to certify certain infrastructure projects for...more

Meyers Nave

Court of Appeal Confirms (Again) that CEQA Statute of Limitations Runs from the First Project Approval

Meyers Nave on

The Second District Court of Appeal confirmed again that the California Environmental Quality Act (CEQA) favors finality in rejecting a challenge to a subsequent project approval for a 42-single family home project in Los...more

Sheppard Mullin Richter & Hampton LLP

2023 Year-in-Review CEQA Litigation

Despite repeated attempts at reform by the Legislature, the California Environmental Quality Act (CEQA) continues to be a minefield for those assigned with the herculean task of complying with the law’s myriad of directives....more

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