Navigating Environmental Restrictions on Alternative Project Delivery for Complex Infrastructure Projects
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Hot Topics for Waste-to-Energy Investors and Developers
Following up on our earlier coverage of the new California Environmental Quality Act (CEQA) exemption passed as part of budget trailer bill AB 130, another significant CEQA pathway was created through its companion...more
The U.S. Supreme Court issued a pair of decisions in EPA v. Calumet Shreveport Refining and Oklahoma v. EPA on June 18, 2025, resolving two related circuit splits regarding proper venue for challenging certain U.S....more
As part of Mayor Eric Adams' "Get Stuff Built" initiative to increase housing supply and reduce regulatory constraints on new development, the New York City Planning Commission approved the Green Fast Track for Housing Rule...more
In St. Ignatius Neighborhood Assn. v. City & County of San Francisco (Nov. 18, 2022, A164629) __Cal.App.5th__ [2022 Cal. App. LEXIS 992], the First District Court of Appeal held that the City & County of San Francisco (City)...more
In Citizens’ Committee to Complete the Refuge v. City of Newark (2021) 74 Cal.App.5th 460, the First District Court of Appeal affirmed the trial court’s ruling that a residential project in a specific plan area in the city of...more
The process for approving changes in airport operations and development projects may now be more complicated, time-consuming, expensive and uncertain, due to a new federal appeals court decision. The decision faults the...more
In an opinion filed December 27, 2018, and later ordered published on January 15, 2019, the Fourth District Court of Appeal (Div. 1) affirmed the trial court’s judgment rejecting CEQA and other challenges to the City of San...more
The Fourth District Court of Appeal held that the project baseline under CEQA for construction of a new home did not include demolition of a potential historic structure that had occurred before submittal of a permit...more
The CEQA Statute and Guidelines both contain provisions outlining what types of projects are exempt from environmental review. There are dozens of exemptions, however, that are listed in other provisions of the California...more
Parking impacts (as distinguished from secondary impacts related to parking) associated with infill development in transit priority areas are exempt from environmental review under certain circumstances, a California...more
Following several years of public involvement, the Governor’s Office of Planning and Research has just issued comprehensive Proposed Updates to the CEQA Guidelines. In addition to proposing changes or additions to nearly 30...more
On August 3, 2016, the Center for Biological Diversity (“CBD”) filed suit against the California Division of Oil, Gas, and Geothermal Resources (“DOGGR”) and the State Water Resources Control Board (“Water Board”),...more