California

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 […]

Despite significant growth of renewable energy, study suggests fossil fuels will continue to be predominant source of energy

In its annual International Energy Outlook study (available HERE ), the U.S. Energy Information Administration (“EIA”) concluded that petroleum and similar liquids would remain the world leader in energy consumption over the next decades, with natural gas and coal following. While renewables are the world’s fastest-growing energy source, the EIA estimates that fossil fuels will still […]

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 […]

Central Valley Farmer John Duarte Reaches Settlement with Federal Government

Just before the penalty phase of trial was set to begin on Tuesday, Northern California farmer John Duarte reached a settlement with the federal government, after being fined for plowing over disputed wetlands on his property. With the government seeking a $2.8 million fine and tens of millions of dollars in mitigation expenses, Duarte agreed […]

California Landowner Ordered to Restore Public Access to Beachfront Property

This week, a California court created an important precedent for public right-of-way access cases, when it ordered a billionaire to reopen access to a formerly public beach in San Mateo County. The First District Court of Appeals in San Francisco ruled 3-0 that Vinod Khosla violated state law when he closed access to Martins Beach […]

Fifth District Court of Appeal Finds Res Judicata Does Not Apply to Case Challenging DOGGR’s Issuance of Oil and Gas Well Permits

The Fifth District Court of Appeal reversed a lower court judgment dismissing a CEQA challenge filed by environmental groups against the California Department of Conservation, Division of Oil, Gas and Geothermal Resources (DOGGR), in Association for Irritated Residents v. Dept. of Conservation (2017) 11 Cal.App.5th 1202. The environmental groups challenged DOGGR’s issuance of 214 permits […]

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 […]

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