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CEQA Developments

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By: Miller Starr Regalia

Blog Authors

Arthur F. Coon
Arielle Harris
Matthew C. Henderson
Sean R. Marciniak
Nadine Nassif
Bryan W. Wenter, AICP

Latest from CEQA Developments

CEQA Developments

Senator Wiener and Assembly member Wicks Applaud Governor Newsom’s Support of Their CEQA Reform Bills

By Arthur F. Coon
May 19, 2025

On May 14, 2025, Senator Scott Wiener issued a press release stating that, on that morning, “Governor Gavin Newsom announced that he supports the strongest ever reforms of [CEQA],” referring to Newsom’s proposal to include in the budget both Wiener’s…

CEQA Developments

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

By Arthur F. Coon
April 2, 2025

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 traveled (VMT) impacts adopted…

CEQA Developments

First District Voids Clearlake Hotel Project MND for City’s Failure to Conduct Adequate CEQA AB 52 Tribal Cultural Resources Consultation

By Arthur F. Coon
March 18, 2025

In a published opinion filed March 14, 2025, the First District Court of Appeal (Div. 2) reversed the trial court’s judgment upholding a Mitigated Negative Declaration (MND) for a four-story, 75-room hotel/meeting hall/parking lot project on a 2.8-acre parcel in…

CEQA Developments

CEQA Identified By Assembly Select Committee Report As Among Obstacles To Permitting Reform Needed To Meet State’s Housing and Climate Goals

By Arthur F. Coon
March 17, 2025

The “California Assembly Select Committee on Permitting Reform Final Report – March 2025” (the “Report”), published earlier this month, sounds an alarm bell regarding the need to overhaul the state’s “failed approach to permitting” if it is to have any…

CEQA Developments

Is Robust and Disruptive CEQA Reform Possible?  Senator Scott Wiener Wants to Find Out – His Proposed SB 607 Would Exempt Rezonings Consistent With Approved Housing Elements, Limit The Scope of EIRs for Qualifying “Nearly-Exempt” Projects, and Greatly Strengthen Negative Declarations and Categorical and Statutory Exemptions

By Arthur F. Coon
March 4, 2025

On February 20, 2025, Senator Scott Wiener introduced Senate Bill No. 607 (SB 607), a proposed law that is relatively short in text length, but which would engender major CEQA reforms if enacted as currently drafted.  The bill would add…

CEQA Developments

Second District Affirms Judgment Rejecting CEQA And Other Challenges To CARB’s “Technology-Forcing” Emissions-Control Regulation For At-Berth Tanker And Other Ships

By Arthur F. Coon
February 19, 2025

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 Administrative Procedure Act (“APA”) and…

CEQA Developments

Following Up Earlier Order Suspending CEQA Review and Coastal Act Permitting Requirements To Facilitate Rebuilding After LA/Ventura County Fires, Governor Issues Executive Order N-14-25 To Quash “Legally Erroneous” Coastal Commission Guidance

By Arthur F. Coon
February 5, 2025

On January 27, 2025, Governor Gavin Newsom issued Executive Order N-14-25 (the “EO”) pursuant to his statutory powers to suspend regulatory statutes during a state of emergency that would impede mitigation of the effects of the emergency.  (See, Gov. Code,…

CEQA Developments

Governor Issues Executive Order N-4-25 Suspending CEQA Review And Coastal Act Permitting Requirements To Facilitate Rapid Rebuilding Of Properties Destroyed Or Damaged By Los Angeles And Ventura County Fires

By Arthur F. Coon
January 13, 2025

On January 12, 2025, Governor Gavin Newsom issued Executive Order N-4-25 (the “EO”) pursuant to Government Code section 8571, which authorizes the Governor to suspend regulatory statutes during a state of emergency upon determining that strict compliance “would in any…

CEQA Developments

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

By Arthur F. Coon & Matthew C. Henderson
December 16, 2024

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 Interest) (2024) 105…

CEQA Developments

Sixth District Affirms Judgment Upholding Application of CEQA Guidelines Class 32 Infill Development Exemption To Project On Parcel Substantially Surrounded By Urban Uses In Small-Population City

By Arthur F. Coon
November 21, 2024

In an important opinion filed October 21, and later ordered published on November 18, 2024 (at the request of the California State Association of Counties and the Rural County Representatives of California), the Sixth District Court of Appeal interpreted key…

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