February 26, 2018 | Category:
California,
CEQA,
Land Use,
Lawsuit,
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california land use,
CEQA,
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Proposed Assembly Bill (“AB”) 1905 by Assemblyman Tim Grayson aims to make it harder for lawsuits filed under the California Environmental Quality Act (“CEQA”) to stop construction of roads and public transit. This legislation is specifically aimed at the road or transit projects that are included in state-approved regional growth plans. These projects have already […]
Mitchell Chadwick LLP Monthly Report February 2018 Safer Consumer Products. DTSC has proposed listing paint and varnish strippers that contain methylene chloride as a priority product under the safer consumer products program. U.S. EPA recently moved the proposed federal rule addressing certain uses of methylene chloride, TCE and NMP from active to long term action […]
This week the Bureau of Reclamation announced that most customers would receive all of their contracted water supplies from the Central Valley Project (“CVP”). However, because of a dry winter in California, approximately 10 percent of customers have yet to even receive a supply estimate and large areas of farmland south and east of the […]
Do you want to shock someone today? Show them this new report from the California Association of Realtors on housing affordability in California and the Bay Area for the fourth quarter of last year. According to the report, a household in San Francisco needs to make a minimum income of just more than $303,000 a […]
The Federal Energy Regulatory Commission (FERC) issued a final rule on February 15, 2018, aimed at increasing participation of energy storage sources in organized wholesale electric markets. The final rule, Order No. 841, requires Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs) to develop a new “participation model” that includes electric storage resources. The […]
The California State Legislature began its efforts on housing reform early in 2018, with the release of SB 827 (Weiner) on January 3. This follows the approval of several housing reform bills in 2017. These bills focus on streamlining permitting, enforcing regional housing production benchmarks, and preventing municipalities from down-zoning parcels or rejecting by-right projects. […]
January 16, 2018 | Category:
California,
Endangered Species,
Land Use,
Lawsuit,
NEPA,
News | Tags:
California,
california land use,
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Endangered,
endangered species,
environmental group,
land use,
Land Use Law,
lawsuit
On Wednesday, a three-judge panel from the Ninth Circuit rejected environmentalists’ appeal to overturn a U.S. Fish and Wildlife Service (USFWS) policy that allows the taking of one owl species to help recover another. Friends of Animals initially sued the USFWS over a 2014 plan to kill thousands of barred owls (on the left in […]
January 15, 2018 | Category:
California,
CEQA,
Land Use,
Lawsuit,
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California,
california land use,
CEQA,
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Land Use Law,
lawsuit
In an unpublished opinion filed January 4, 2018, the Fifth District Court of Appeal rejected challenges to a general plan update prepared by the City of Visalia. Plaintiffs in the case argued that the EIR prepared by the City failed to adequately address urban decay impacts. In particular, plaintiffs argued that the 40,000 square foot […]
January 9, 2018 | Category:
California,
Endangered Species,
Land Use,
Lawsuit,
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California,
california land use,
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endangered species,
environmental group,
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Land Use Law,
lawsuit
Last week, California River Watch sued a group of vineyard developers for allegedly violating the Endangered Species Act (ESA), arguing that the group engaged in agricultural practices that harm the protected California Tiger Salamander (CTS). In 2014, a group of developers filed for and received permits to convert 9.8 acres of their property into […]
January 8, 2018 | Category:
Air Quality,
California,
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Land Use,
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Air Quality,
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lawsuit
In a case certified for partial publication, the Second District Court of Appeal addressed the Public Resources Code section 21168.9 mandate that a court’s order overturning the CEQA decision of a public agency shall be limited to the scope necessary to bring the agency’s decision into compliance with CEQA. The case, Center for Biological Diversity […]