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CEQA
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Stoel Rives Environmental Law
Update: State Water Board Adopts Final Winery General Order
At its January 20, 2021 Board meeting, the State Water Resources Control Board (“SWRCB” or “Board”) adopted its final General Waste Discharge Requirements (“WDRs”) for Winery Process Water (“Winery Order”)…
CEQA Developments
2020: A Look Back at the Year’s CEQA Case Law
While the COVID-19 pandemic made 2020 a year most would prefer to keep in the rear view mirror, the courts kept fairly busy handing down precedents that hopefully provided us…
California Land Use & Development Law Report
Can a Responsible Agency Impose Mitigation Measures Not Considered in the Lead Agency’s EIR?
By Perkins Coie
In Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board, No. A157127, 2020 WL 7706795 (Cal. Ct. App. Dec. 29, 2020), the court ruled that…
Real Estate, Land Use & Environmental Law Blog
California Housing Legislation Effective in 2021
By Alfred Fraijo Jr., Kira Conlon, Yue Shi
The California Legislature made modest gains on housing production and stimulus bills in 2020, and there are several notable bills that took effect on January 1, 2021. The new laws…
California Land Use & Development Law Report
Do Conservation Easements Provide Effective Mitigation for Loss of Farmland to Development?
In 2018, the CEQA Guideline which defines the term “mitigation” was amended to add “conservation easements” to the list of measures that can provide “compensatory” mitigation for an environmental impact.…
CEQA Developments
2020 CEQA Legislative Developments
As we rapidly approach the end of a year of COVID-related challenges and uncertainties, CEQA practitioners may want to review the year’s key legislation impacting CEQA and its application, which…
Environment, Land & Resources
California Legislature Cannot Limit Judicial Review of Certain Power Projects
California appeals court decision increases the potential for CEQA challenges to power plant projects under the CEC’s jurisdiction. By Marc T. Campopiano, Charles C. Read, and Kevin A. Homrighausen In…
California Land Use & Development Law Report
Fifth District Holds Defects in EIR’s Air Quality Impact Analysis Require Decertification of Entire EIR
By Julie Jones
On remand from the California Supreme Court’s decision in Sierra Club v. County of Fresno, 6 Cal.5th 502 (2018) (“Friant Ranch I”), a court of appeal has held that CEQA…
California Land Use & Development Law Report
Greenhouse Gas Mitigation Measure Allowing Purchase of Offset Credits Fails to Comply With CEQA
While a number of court decisions have considered how CEQA lead agencies should assess the significance of a project’s greenhouse gas emissions, few have examined mitigation measures for those impacts.…
CEQA Developments
A “Fare” Shake? Ninth Circuit Affirms Judgment On the Pleadings for San Francisco In Removed Action Challenging SFMTA’s 2018 Taxi Regulations, Remands for Consideration of Whether to Grant Plaintiffs Leave to Amend CEQA Claim
On November 9, 2020, the United States Court of Appeals for the Ninth Circuit issued a published opinion affirming a judgment on the pleadings, granted by Northern District Presiding Judge…