Tag Archives: CEQA

New OPR Technical Advisory Lists Legislative CEQA Exemptions Found Outside Statute

On June 6, 2018, the Governor’s Office of Planning and Research (OPR) announced that it had issued a new technical advisory listing legislative CEQA exemptions located in statutes outside of Division 13 of the Public Resources Code.  The advisory contains … Continue reading

Posted in Environmental Law | Tagged , , , , , , , , | Leave a comment

When “Tigers Eat Their Young” – Federal Preemption Of CEQA In Context Of Railroad Projects Will Continue To Present Complex Issues Following U.S. Supreme Court’s Denial of Certiorari In Friends Of Eel River Case

On April 30, 2018, the United States Supreme Court denied the petition for writ of certiorari filed in North Coast Railroad Authority v. Friends of the Eel River, U.S. Supreme Ct. Case No. 17-915, which presented this issue:  “Whether citizen … Continue reading

Posted in Environmental Law | Tagged , , , , , , , , , , , , , , , , , , , , , | Leave a comment

First District Rejects Numerous CEQA Challenges To RFEIR For Propane Recovery Project At Phillips 66 Company’s Rodeo Oil Refinery, Affirms Judgment Issuing Limited Writ

In an opinion filed March 20, and later certified for publication on April 12, 2018, the First District Court of Appeal (Division 3) affirmed a limited peremptory writ of mandate issued by the Contra Costa County Superior Court requiring the … Continue reading

Posted in Environmental Law | Tagged , , , , , , , , , , , , , , , , , , | Leave a comment

Redrawing CEQA’s “Parking” Lines? Second District Holds Parking Impacts of Covina Mixed-Use, Transit-Oriented Infill Project Are Statutorily Exempt From CEQA Review, Rejects Related Map Act Challenge

SB 743 was enacted in 2013 to further California’s efforts to reduce GHG emissions by encouraging transit-oriented, infill development – a strategy announced in SB 375, the “Sustainable Communities and Climate Protection Act of 2008.”  As part of SB 743, … Continue reading

Posted in Environmental Law | Tagged , , , , , , , , , , , , , , , , , , , | Leave a comment

Fifth District Holds CARB Violated CEQA And APA In Approving Modifications To Truck And Bus Regulation

In a published opinion filed January 31, 2018, the Fifth District Court of Appeal affirmed the trial Court’s judgment issuing a writ of mandate voiding the California State Air Resources Board’s (“CARB”) 2014 amendments to its 2008 Truck and Bus Regulation … Continue reading

Posted in Environmental Law | Tagged , , , , , , , , , | Leave a comment