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CEQA
1,312 published works
CEQA Developments
Spring CEQA Roundup
Spring is here, and it seems the judicial, legislative and executive branches of government have all been busy trying to “clean up” CEQA and related areas of the law in…
CEQA Developments
Second District Rejects CEQA Challenge To EIR for Riverbed Sand And Gravel Mining Project, Upholds Santa Barbara County’s Discretion to Formulate Project-Specific Threshold of Significance, and Finds EIR’s Erroneous “Not Significant” Conclusion Nonprejudicial
The Second District Court of Appeal upheld the County of Santa Barbara’s Final Revised Environmental Impact Report for a 30-year conditional use permit (CUP) for the Diamond Rock mine project. …
Focus on Regulation
CEQA Modernization Efforts and New Transportation Bill Provisions May Open the Door to NEPA Harmonization
By Douglas Wheeler, Emily Kimball
In his State of the State message on January 24, California Governor Jerry Brown’ urged reform of the forty-three-year-old California Environmental Quality Act, Cal. Pub. Res. Code § 21000 et…
Environmental and Climate
No Excuses Allowed — Court Determined CEQA Provides No Flexibility in Regard to the 30-day Statute of Limitation Requirement
In an unpublished decision, Alliance for the Protection of the Auburn Community Environment v. County of Placer (Feb. 28, 2013) 2013 Cal.App.Unpub.LEXIS 1524, the Third District Court of Appeal upheld…
California Land Use & Development Law Report
New Opinion, Same Result – Project Objectives Are Upheld Under CEQA, But Alternatives Analysis Is Invalid
By Marc Bruner
In 2008, the City of Santa Cruz and the University of California settled litigation challenging the University’s long-term development plan for expanding the UC Santa Cruz campus. A key provision…
California Land Use & Development Law Report
CEQ Issues Handbooks on Coordinating NEPA Review with Review Under CEQA and Review Under the Historic Preservation Act
By Julie Jones
On March 5, 2013, the Council on Environmental Quality released a handbook intended to help agencies and practitioners coordinate environmental reviews under the National Environmental Policy Act with overlapping review requirements…
Environmental and Climate
Tahoe Resort Expansion Delayed for Improper CEQA Alternatives Analysis
In Sierra Club v. Tahoe Regional Planning Agency (January 4, 2013) U.S. Dist. LEXIS 1628, the U.S. Court for the Eastern District of California granted the plaintiffs’ motion for summary…
Administrative and Regulatory
Sixth District Thirsty for a More Robust Alternatives Analysis
In Habitat v. City of Santa Cruz (Feb. 19, 2013) 2013 Cal.App.LEXIS 128, the Sixth District Court of Appeal reversed the trial court decision and ordered the City of Santa…
CEQA Developments
“Bare-Bones” CEQA Reform Bill (SB 731) Introduced By Senator Steinberg; Senator Evans Proposes Legislation to Further Expand CEQA
On February 22, 2013, Senator President Pro Tempore Darrell Steinberg introduced SB 731, a bill the Senator’s website press release described as “outlining the detailed intent that strengthens [CEQA’s] protection…
California Land Use & Development Law Report
New CEQA Bill – Cure or Band-Aid?
In response to a business community campaign calling for broad CEQA reform, California State Senator Senate President pro Tempore Darrell Steinberg released his highly anticipated CEQA “modernization” bill, SB 731. …