CEQA

USFWS Accepts Proposal to Increase Delta Pumping

  On Wednesday, federal fisheries regulators approved a controversial plan to allow for increased pumping from the Sacramento-San Joaquin Delta this fall. Facing opposition from environmental groups, the U.S. Fish and Wildlife Service (USFWS) signed off on the proposal that was championed by the U.S. Bureau of Reclamation and Southern California water interests. With those […]

Trump Administration Schedules Meetings with Industry Groups as Part of Regulation Reform Efforts

  Later this week, U.S. EPA Chief Scott Pruitt is scheduled to meet with representatives from a wide range of industries in an effort to identify areas where regulations may be scaled back, consistent with President Trump’s objectives. As part of the “Smart Sectors Program” announced in mid-September, the EPA will meet with representatives from […]

Central Valley Farming District Votes Against Participating in the California WaterFix

This week one of the biggest supporters of California’s water tunnels voted against funding the ambitious California water project (known as “California WaterFix”) proposed Governor Jerry Brown. Westlands Water District voted 7 to 1 against a resolution to help fund the $17 billion set of 40-foot-diameter tunnels underneath the Delta, citing concerns about costs that […]

CEQA Plaintiffs Still Searching For “Unusual Circumstances”

The First District Court of Appeal recently upheld the City of South San Francisco’s decision to approve a CUP for converting office buildings to a medical clinic via a CEQA categorical exemption. (Respect Life South San Francisco v. City of South San Francisco (2017) Case No. A145992.) The proposed conversion included only minor physical changes […]

First District Court of Appeal: City not Required to Consider Compliance with the Subdivision Map Act Prior to Certifying CEQA Document or Issuing Entitlements

The First District Court of Appeal reversed a lower court decision setting aside the City of Redwood’s decision to certify an EIR and approve a planned development permit for 4.75 acres in the case Save Laurel Way v. City of Redwood City (August 29, 2017, Case No. A147942). Project opponents raised multiple claims, including violation […]

Recent court decisions clash with President Trump’s directive to limit consideration of climate change in NEPA analyses

The U.S. District Court for Montana and U.S. Court of Appeals for the District of Columbia have both issued decisions suggesting that the “social cost” of greenhouse gas emissions must still be considered under the National Environmental Policy Act (“NEPA”) – despite President Trump’s desire otherwise. In 2009, President Obama instructed federal agencies to create […]

First District Court of Appeal Upholds County’s Decision to Issue Ministerial Permit Exempt from CEQA

The California Supreme Court denied a request for depublication in Sierra Club v. County of Sonoma (2017) 11 Cal.App.5th 11, on July 26, 2017. As a result, the First District Court of Appeal’s decision finding against Sierra Club and Center for Biological Diversity is citable precedent. The case involved a challenge to Sonoma County’s decision […]

Opinion: We must build more affordable homes in California

From the East Bay Times (link below): California’s housing affordability crisis is at a breaking point: severe lack of supply means skyrocketing housing prices and rents; high housing prices push families out of the market; high rents force people out of the communities where they live resulting in longer commute times; and, finally, families that cannot […]

California Water Agencies Appeal to Supreme Court in Landmark Tribal Groundwater Case

This week, two California water agencies filed petitions appealing to the Supreme Court to review a landmark decision that gives Native American tribes groundwater rights. The Coachella Valley Water District and Desert Water Agency are challenging a March decision by the Ninth Circuit Court of Appeals, which held that the AguaCaliente Band of Cahuilla Indian […]

Jerry Brown On His Own: Announces Climate Summit Meeting in California

Governor Jerry Brown announced yesterday that a global climate action conference will be held in San Francisco in 2018, as he continues his quest to be a leader in the global warming movement. Governor Brown previously criticized President Donald Trump’s withdrawal from the Paris climate agreement—an agreement which was never ratified by the U.S. Congress. […]

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