News & Analysis as of

Greenhouse Gas Emissions California Environmental Quality Act

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

Allen Matkins

Legislature’s Report Captures California’s Permitting Reform Zeitgeist and Creates the Launchpad for More Than 20 New Housing...

Allen Matkins on

In the summer of 2024, the State Assembly Select Committee on Permitting Reform began convening public hearings, interviews, and forums to understand how to reform land use permitting to address California’s ongoing “housing...more

Latham & Watkins LLP

Environmental Groups, Biofuel Trade Association Challenge Amendments to the California Low Carbon Fuel Standard

Latham & Watkins LLP on

Stakeholders should anticipate potential delays and market impacts amid the ongoing legal challenges and the Office of Administrative Law’s recent disapproval....more

Miller Starr Regalia

Second District Affirms Judgment Rejecting CEQA And Other Challenges To CARB’s “Technology-Forcing” Emissions-Control Regulation...

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On February 13, 2025, the Second District Court of Appeal (Div. 7) filed its 71-page published opinion affirming the trial court’s judgment rejecting CEQA safety hazard and cumulative impacts analysis challenges – as well as...more

Alston & Bird

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

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Los Angeles County - Executive Order Streamlines Path to Rebuild Homes, Businesses, and Communities Destroyed by Los Angeles Firestorms - In response to the multiple firestorms in Los Angeles County that started on January 7,...more

Miller Starr Regalia

First District Addresses Significant CEQA Issues Relating to Wildfire Risk, GHG Emissions, and Water Supply Impacts in Lake County...

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On November 22, 2024, the First District Court of Appeal’s (Div. 4) partially-published opinion in People of the State of California ex rel. Bonta v. County of Lake (Lotusland Investment Holdings, Inc., et al. Real Parties in...more

Perkins Coie

City’s Greenhouse Gas Emissions Threshold for Delivery Warehouse was Supported by Substantial Evidence

Perkins Coie on

The court upheld a mitigated negative declaration for a parcel delivery warehouse project, finding, among other things, that the threshold of significance and baseline used in preparing the MND were supported by substantial...more

Nossaman LLP

Court Holds Agency May Not Cure its Failure to Analyze Project’s Potential for Increased Wildfire Risk

Nossaman LLP on

In a partially published decision in People ex rel. Bonta v. County of Lake (Oct. 13, 2024, A165677) __ Cal. App. __ [2024 Cal.App. LEXIS 667], the First District Court of Appeal affirmed the trial court’s ruling in favor of...more

Sheppard Mullin Richter & Hampton LLP

A New Hope for the Future of Mitigated Negative Declarations: The Logistics of Warehouse Storage Greenhouse Gas Analysis

In its decision in Upland Community First v. City of Upland, the Fourth District Court of Appeal upheld a Mitigated Negative Declaration (MND) for the development of a warehouse and parcel delivery service building against a...more

Miller Starr Regalia

Fifth District Affirms Judgment Rejecting CEQA/APA Challenges to CARB’s Approval of ZEV Truck Sales Mandate Regulation; Holds...

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In an opinion filed August 27 and later ordered published on September 24, 2024, the Fifth District Court of Appeal affirmed a judgment denying a writ petition that challenged the State Air Resources Board’s (CARB) adoption...more

Miller Starr Regalia

Fourth District Reverses Judgment Granting Writ and Holds City of Upland’s MND For Warehouse Project Satisfies CEQA; Rejects...

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In an opinion filed August 15, and modified and certified for publication on September 13, 2024, the Fourth District Court of Appeal (Div. 2) resolved cross-appeals from a judgment granting a limited writ by reversing with...more

Allen Matkins

EV Charging Is Here to Stay - 2024 Land Use, Environmental & Natural Resources Update

Allen Matkins on

Energy efficiency regulations may not be changing quite as fast as housing laws, but California has made notable changes over the last several years aimed at reaching its ever more ambitious carbon emissions reduction goals,...more

Sheppard Mullin Richter & Hampton LLP

A Win for Consistency Evaluations Under CEQA Guidelines 15183: Court Rules that Public Controversy is not a Basis for Additional...

In its recent decision in Hilltop Group Inc. v. County of San Diego, California’s Fourth District Court of Appeal issued a number of holdings that resulted in a strong ruling in support of streamlined environmental review for...more

Miller Starr Regalia

CEQA Remedies Go Both Ways:  Fourth District Reverses Judgment Upholding San Diego County Board’s Decision Granting Project...

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In an important published opinion filed February 16, 2024, the Fourth District Court of Appeal (Div. 1) held the San Diego County Board of Supervisors committed a prejudicial abuse of discretion in granting project opponents’...more

Downey Brand LLP

Downey Brand Compilation of Published CEQA Cases in 2023

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2023 served up roughly the same number of published appellate CEQA cases as 2022 with a defense win percentage of over 80 percent, which has been the case in many, if not all, of the past ten years. A prominent theme of...more

Downey Brand LLP

Court Upholds Master Plan EIR’s Climate Change Analysis that Used Sector and Region-Specific Data to Develop a Threshold of...

Downey Brand LLP on

In Tsakopoulos Investments v. County of Sacramento (2023) 95 Cal. App. 5th 280, the Third District Court of Appeal (“Court”) upheld the County of Sacramento’s (“County”) certification of the Mather South Community Master Plan...more

Alston & Bird

Land Use Matters December 2023 - CEQA Appellate Decisions & Other Legal Developments

Alston & Bird on

City of Los Angeles - The Processes and Procedures Ordinance Becomes Operative January 22, 2024 - The city council adopted the Processes and Procedures Ordinance amending the Los Angeles Municipal Code (LAMC) to...more

Miller Starr Regalia

First District Affirms Judgment Upholding UCSF’s EIR for Long-Range Development Plan Substantially Increasing Parnassus Heights...

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In a partially published opinion filed September 20, 2023, the First District Court of Appeal (Div. 3) affirmed the Alameda County Superior Court’s judgments denying writ petitions in three partially consolidated CEQA actions...more

Nossaman LLP

California Appellate Court Upholds CEQA Greenhouse Gas Emissions Methodology

Nossaman LLP on

A recent court decision provides guidance to lead agencies seeking to comply with CEQA requirements related to greenhouse gas (GHG) emissions. In Tsakopoulos Investments, LLC v. County of Sacramento, the Third District Court...more

Downey Brand LLP

Trial Court’s Jurisdiction over CEQA Case is Lost after Writ is Satisfied by Rescission of Project Approvals

Downey Brand LLP on

In McCann v. City of San Diego (2023) 94 Cal.App.5th 284 (McCann II), the Fourth District Court of Appeal held the trial court exceeded its jurisdiction by failing to discharge a writ of mandate. The writ was issued for the...more

Sheppard Mullin Richter & Hampton LLP

Build More, Faster? Newsom Signs Infrastructure and Budget Legislation 

On July 10, 2023, California Governor Gavin Newsom signed into law a package of bills intended to accelerate critical infrastructure projects across the State aimed at achieving monumental climate and clean energy goals while...more

Miller Starr Regalia

First District Affirms Judgment Rejecting All CEQA Challenges To Oakland A’s Ballpark Development EIR Except Improper Deferral of...

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In a 72-page published opinion filed March 30, 2023, the First District Court of Appeal (Div. 4) affirmed in full the trial court’s judgment, which upheld the EIR for the Oakland Waterfront Ballpark District Project (project)...more

Downey Brand LLP

Oakland and the A’s Prevail on All but One Minor Issue in Ballpark EIR Case; Wind Mitigation Found Inadequate

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In E. Oakland Stadium Alliance v. City of Oakland (Mar. 30, 2023, No. A166221) ___Cal.App.5th___ [2023 Cal. App. LEXIS 240], the First District Court of Appeal concluded that the EIR prepared for the proposed Oakland A’s...more

Meyers Nave

Meyers Nave Secures Victory for City of Oakland as Court of Appeal Upholds EIR for A’s Baseball Stadium Project

Meyers Nave on

In a lengthy published decision, the Court of Appeal upheld the City of Oakland’s environmental impact report (EIR) for the proposed Oakland A’s MLB stadium and mixed use project, rejecting numerous challenges and affirming...more

Perkins Coie

Project with Potentially Significant Greenhouse Gas Emissions Improperly Approved Based on an EIR Addendum

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The City of Irvine violated CEQA by approving a development project based on an addendum to a program EIR containing insufficient information regarding the project’s greenhouse gas emissions and by relying on CEQA’s Class 32...more

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