News

Third DCA: Responsible Agencies Must Issue Their Own Findings and Cannot Rely On The CEQA Lead Agency.

The Third District Court of Appeal recently held that a responsible agency under the California Environmental Quality Act (“CEQA”) must make independent findings regarding potential impacts of projects and related mitigation measures when issuing ancillary permits, and cannot rely solely on the findings of the lead agency in an Environmental Impact Report (“EIR”). We Advocate […]

CEQA Case Update: First District Holds the Scope of CEQA Review Should Be Tailored to the Scope of Agency Discretion – Affirms Approval of 43-Unit Residential Subdivision in Marin County After Nearly 50 Years of Opposition

By Braiden Chadwick and Daniel Warren On May 12, 2022, the First District Court of Appeal (Court) affirmed a trial court judgment in a 108-page opinion and upheld the approval of 43 single-family residential units on a 110-acre parcel located atop a hill in Marin County (County). The County’s approval of the residential subdivision concludes […]

In Era of Record Gas Prices, Biden Limits U.S. Energy Production

On April 25th, the Biden Administration cut oil and gas leasing and prohibited all infrastructure over 13,000 square miles, reversing a 2020 Trump policy that opened up most of the National Petroleum Reserve in Alaska (NPRA) to exergy exploration and production.  The NPRA is managed by the Bureau of Land Management (BLM) and was originally […]

CEQA Case Update: Court Holds that Approval of Project Alternative Derived After Public Comment Period Does Not Render Project Description Unstable or Require Recirculation of EIR

By Kurt Whitman and Daniel Warren In a recently published opinion (Southwest Regional Council of Carpenters v. City of Los Angeles), the Second District Court of Appeal (Court) reversed a trial court judgment and held that an Environmental Impact Report (EIR) contained an adequate project description for a proposed mixed-use development, and the Final EIR […]

Supreme Court To Review California Pig Law

The U.S. Supreme Court will review the Ninth Circuit’s decision upholding a California ballot initiative that banned in-state sales of pork from sows kept in confined housing. The law, Proposition 12, a 2018 ballot measure that was approved by more than 60 percent of the state’s voters, was challenged by two trade groups that said […]

Energy Companies Bear Brunt of Biden’s Climate Disclosure Costs

Energy companies are squarely in the crosshairs of Biden’s sweeping climate disclosure proposal, and the reams of information they must provide is intended to increase pressure to decarbonize their businesses. Here, attorneys share with Law360 four significant takeaways for energy companies from the SEC’s proposal. Companies will face higher compliance costs and new disclosure challenges […]

Biden Bans Russian Oil Imports

Joe Biden announced a ban on Russian oil and gas imports, ratcheting up sanctions over its war against Ukraine. “Today, I am announcing the United States is targeting the main artery of Russia’s economy. We’re banning all imports of Russian oil and gas and energy,” Biden said. “That means Russian oil will no longer be […]

NEPA: Now they tell us

The Washington Examiner proclaiming what those of us permitting projects on the ground have known for decades: The environmental review process at state and federal levels is completely broken. An excerpt from the article (link to article HERE): When Honolulu approved plans to construct a rail transit line stretching 20 miles into the suburbs in […]

District Court Repeals Trump-era Definition of “Waters of the United States”

On August 30, 2021, the U.S. District Court of Arizona issued an opinion that effectively repealed the Trump-era definition of Waters of the United States (“WOTUS”) under the Clean Water Act (“CWA”). Pasqua Yaqui Tribe v. U.S. Environmental Protection Agency (2021) — F.Supp.3d — (“Pasqua”) involved a challenge by multiple Native American Tribes of two […]

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