News

Developer Sues Over Sacramento County EIR

The Mather South Project final Environmental Impact Report (“EIR”) was challenged by Tsakopoulos Investments in late February 2020. The Mather South project would be an 848-acre project on undeveloped land with up to 3,522 residential units, a 28-acre environmental education campus with 200 multifamily units, a 21-acre research and development park, and 21 acres of […]

APPELLATE COURT FURTHER BURIES THE USE OF MITIGATED NEGATIVE DECLARATIONS, RELIES ON “EXPERT” WHO NEVER VISITED THE SITE, AND FORGETS THAT PETITIONERS CAN’T SUE IF THEY DON’T GIVE NOTICE.

On February 24, 2020, the California Court of Appeal for the Second District (“Court”) upheld a lower court’s finding that the City of Agoura Hills (the “City”) violated CEQA and the City’s Oak Tree Ordinance when the City issued approved a mixed-use development. Save the Agoura Cornell Knoll v. City of Agoura Hills (2020) – […]

Ridiculous CEQA Challenge to Development of 1,436 Square Foot Residence on 1.04-acre Parcel did not Vindicate Important Right for Purpose of Awarding Attorney Fees

In this firm’s view, there is no question that the California Environmental Quality Act (“CEQA”) has been pushed far beyond its statutory scope to the detriment of efficient development in the State. It’s too easy for the law to be abused by project opponents with concerns other than information regarding potential environmental impacts. For example, […]

Third District Court of Appeal Upholds EIR for Master Planned Community Project

The Third District Court of Appeal upheld an EIR for a master planned community in the case Environmental Council of Sacramento v. County of Sacramento (2020, Case No. C076888). The County of Sacramento prepared an EIR for the master planned community project, located on about 2,669 acres in southeastern Sacramento County. The project proposed 8,000 […]

Sanders, Ocasio-Cortez Wage War on Oil and Gas Industry by Proposing Nationwide Ban on Fracking

On January 31, 2020, Senator Bernie Sanders (I-Vt.) and Representative Alexandria Ocasio-Cortez (D-NY), together with Senator Jeff Merkley (D-Ore.) and Representative Darren Soto (D-Fla.) unveiled a bill (the “Bill”) that, if passed, would prohibit hydraulic fracturing (“fracking”) nationwide. Specifically, the Bill would immediately prohibit any federal agency from approving any federal permit for fracking.  The […]

COVID-19 Will Impact The Construction Industry

Businesses in the construction industry are concerned about how the outbreak of Coronavirus (COVID-19) will impact planned and future construction projects. Since no one can predict the full impact from the effects, the advice for contractors is to continue like normal. Chinese government containment efforts and quarantines have slowed or shut down factories in dozens […]

Trump Administration Challenges California – Quebec Cap and Trade

The Trump administration’s challenge against California’s agreement with Quebec to share cap-and-trade markets to reduce greenhouse gases survived its first federal court test on March 12, 2020. The federal government sued California over its cap-and-trade agreement with Quebec in October 2019, asserting the state has no right to pursue “an independent foreign policy” about the […]

Crickets from green groups as U.S. becomes ‘global leader in emissions reductions’

The International Energy Agency data released earlier this month showing that U.S. emissions dropped by 2.9% last year, which failed to make an impression with Democrats, environmentalists and climate activists, who either shrugged off the data or argued that Mr. Trump’s climate-denialism was somehow thwarted. Full article from the Washington Times HERE.

Fifth District Court of Appeal Overturns EIR and Streamlining Ordinance for Oil and Gas Well Permits.

Three oil and gas industry associations proposed an amendment to the Kern County Zoning Ordinances to streamline permitting for oil and gas exploration and production. The amendments would create a ministerial review process for permit applications, with mitigation measures incorporated. The mitigation measures would come from the EIR prepared to consider the potential environmental impacts […]

Federal Regulations Demanding More Water in California Central Valley gets Challenged…by California?!

On February 19, 2020, President Trump signed new federal regulations allowing more water from Northern California to flow into the Central Valley. President Trump additionally signed a new biological opinion that found minimal environmental impacts resulting from the water transfer. However, California environmentalists and politicians view the water transfer as weakening environmental protections for populations […]

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