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California Supreme Court’s decision provides important requirements for preparation of environmental documents

Latham & Watkins LLP
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USA
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March 18 2010

On March 15, 2010, the California Supreme Court released its unanimous decision in Communities for a Better Environment v. South Coast Air Quality Management District, _ Cal. 4th _ (Case No. S161190) (CBE) and set forth important requirements for the preparation of environmental impact reports (EIRs) and negative declarations under the California Environmental Quality Act (CEQA

Recent legislative changes affecting pending and future projects under CEQA

Latham & Watkins LLP
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USA
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October 13 2010

On September 29, 2010, Governor Arnold Schwarzenegger signed into law Assembly Bill 231 (AB 231) and Senate Bill 1456 (SB 1456), which amend certain provisions of the California Environmental Quality Act, California Public Resources Code 21000, et seq. (CEQA

San Diego District Court allows the 117-mile Sunrise Powerlink project to proceed

Latham & Watkins LLP
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USA
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July 7 2011

On June 30, 2011, District Judge Roger T. Benitez of the Southern District of California issued a decision allowing San Diego Gas and Electronic Company (SDG&E) to proceed with its construction of the Sunrise Powerlink, a 117-mile electrical transmission line that will connect the San Diego area with the vast renewable energy resources of California’s Imperial Valley

New CEQA mediation rules may create more delay and confusion starting July 1

Latham & Watkins LLP
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USA
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May 5 2011

In two months, on July 1, 2011, troubling new rules will go into effect governing the mediation of disputes arising under the California Environmental Quality Act, California Public Resources Code 21000, et seq. (CEQA

California legislature approves two “CEQA reform” bills

Latham & Watkins LLP
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USA
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September 20 2011

Recognizing the role the California Environmental Quality Act (CEQA) often plays in hindering jobs-creating real estate development and energy infrastructure projects, a broad coalition of business leaders and labor leaders worked hard this year to advocate for meaningful CEQA reform that would reduce CEQA-created project delays, development costs, and often frivolous litigation that threatens much-needed economic activity

New decision limits CEQA categorical exemptions

Latham & Watkins LLP
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USA
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February 24 2012

In a recent decision with potentially broad implications for home builders and developers, the California Court of Appeal narrowed the ability of projects requiring discretionary approvals to obtain a categorical exemption from the California Environmental Quality Act (CEQA

CEQA traffic chaos: is Neighbors for Smart Rail about to crash into Sunnyvale?

Latham & Watkins LLP
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USA
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March 14 2012

In a potentially major development for real estate and infrastructure projects across the state, the California Court of Appeal for the Second District is poised to clash with the Sixth and Fifth Districts over how lead agencies are supposed to analyze potential traffic impacts under the California Environmental Quality Act (CEQA

Bollay v. California Office of Administrative Law: state agency "policies" may be "underground regulations"

Latham & Watkins LLP
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USA
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May 9 2011

The Administrative Procedures Act (APA) generally requires state and regional agencies to provide public notice and an opportunity for public comment before adopting a regulation

The City of Malibu and the Regional Water Board reach an agreement on a possible Malibu sewer system

Latham & Watkins LLP
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USA
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July 21 2011

In what may herald the beginning of the end of a decades-long struggle between the City of Malibu (City) and the Los Angeles Regional Water Quality Control Board (Regional Board), on July 14, 2011, the Regional Board unanimously adopted a Memorandum of Understanding (MOU) implementing the Regional Board’s prohibition on septic discharges in the Malibu Civic Center area, which was adopted in 2009 pursuant to an amendment to the Los Angeles Region Basin Plan

CEQA traffic chaos: neighbors for Smart Rail and Sunnyvale in head-on collision

Latham & Watkins LLP
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USA
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April 19 2012

Earlier this week, the Second District Court of Appeal in California issued its final opinion in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, et al., a closely watched case involving a California Environmental Quality Act challenge to Phase 2 of the Expo rail line planned to bring commuters from Culver City to Santa Monica

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