News & Analysis as of

Greenhouse Gas Emissions Urban Planning & Development

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

Cozen O'Connor

New York City Proposes to Regulate Last-Mile Facilities

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The New York City Department of City Planning (DCP) has released materials outlining a proposed amendment to the city's zoning regulations to introduce a City Planning Commission (CPC) special permit intended to limit the...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

Goulston & Storrs PC

Boston Accelerates Net Zero Carbon

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Last week, the Boston Zoning Commission adopted Net Zero Carbon (NZC) zoning. As addressed in our 2021 and 2023 advisories, this completes a three-part decarbonization strategy, along with the Specialized Energy Code and the...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

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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

Jones Day

UK Supreme Court Quashes Planning Permission Due to a Failure to Consider Downstream (Scope 3) Greenhouse Gas Emissions

Jones Day on

The Situation: On June 20, 2024, the UK Supreme Court handed down a landmark decision in R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents) [2024]...more

Akin Gump Strauss Hauer & Feld LLP

Downstream GHG Emissions to be Taken into Account in Planning Decisions

In a decision with far-reaching implications, the UK Supreme Court has determined that a grant of planning permission for oil production was unlawful for failing to take into account downstream greenhouse gas (GHG) emissions...more

Gould + Ratner LLP

Biden Administration Sets Roadmap for Building Decarbonization

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The U.S. Department of Energy recently released the first federal blueprint to decarbonize the building sector, which accounts for over a third of the nation’s planet-warming greenhouse gas emissions. This plan, developed by...more

Allen Matkins

Sustainable Development and Land Use Update 4.04.24

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Two bills proposed to modify the Builder’s Remedy are currently making their way through the State Legislature. As currently proposed, AB 1893 (Wicks) would (i) reduce the required percentage of (lower income) affordable...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...

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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

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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

Sheppard Mullin Richter & Hampton LLP

NYC’s Zoning for Carbon Neutrality is Here to Stay

Over a year ago, New York City Mayor Eric Adams announced the “City of Yes”, a plan to update the City’s zoning tools to support small businesses, create affordable housing, and promote sustainability. On December 6, 2023,...more

Nossaman LLP

California Appellate Court Upholds CEQA Greenhouse Gas Emissions Methodology

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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

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

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

Cadwalader, Wickersham & Taft LLP

Launch of National Blueprint for Transportation Decarbonization

On January 10, the Biden-Harris Administration released the U.S. National Blueprint for Transportation Decarbonization: A Joint Strategy to Transform Transportation, which is designed to cut all greenhouse emissions from the...more

Stikeman Elliott LLP

Edmonton District Energy Strategy

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The City of Edmonton (Edmonton) has published a District Energy Strategy. To meet its climate targets, Edmonton aims to reduce emissions from heating and cooling buildings through a “City-wide decarbonized district energy...more

Sheppard Mullin Richter & Hampton LLP

More Places, Less Spaces: California is Driving Down Development Costs

In an effort to decrease the skyrocketing development costs and reduce greenhouse gas emissions, Assembly Bill 2097 (AB 2097) aims to eliminate a key obstacle for new developments: parking. More specifically, starting on...more

Allen Matkins

Sustainable Development and Land Use Update - August 2022 #3

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Proposed California affordable housing bills could create more than a million apartments - KQED – August 22 - View in browser Allen Matkins SustDevLndUseUpd August 24, 2022 Focus Proposed California affordable housing bills...more

Holland & Knight LLP

Anti-Housing CEQA Lawsuits Filed in 2020 Challenge Nearly 50% of California’s Annual Housing Production

Holland & Knight LLP on

Holland & Knight Partner Jennifer L. Hernandez, leader of the firm's West Coast Land Use and Environmental Group, recently authored an industry report for the Center for Jobs & The Economy, whose mission is to identify and...more

Allen Matkins

Sustainable Development and Land Use Update - July 2022 #3

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State Supreme Court decision could complicate CEQA review of certain housing projects - San Francisco Chronicle – July 14 - The state Supreme Court has left intact a ruling by the First District Court of Appeal that rejected...more

Stikeman Elliott LLP

Canada Launches Greenhouse Gas Offset Credit System

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On June 8, 2022, the Federal Government launched Canada’s Greenhouse Gas Offset Credit System (the “Federal GHG Offset System”), with the publication of the Canadian Greenhouse Gas Offset Credit System Regulations (the...more

Allen Matkins

Sustainable Development and Land Use Update - June 2022 #3

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California legislators propose helping people buy homes in exchange for partial ownership Bullet KQED – June 16 State legislators are proposing to create a billion-dollar fund in this year’s state budget that would provide...more

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