LexisNexis® Legal Newsroom
Lawsuit Targets Mega-Development Adjacent To Critical Wildlife Area

RIVERSIDE COUNTY, Calif. — The Friends of the Northern Jacinto Valley and the Sierra Club on April 22 sued Riverside County and its Board of Supervisors for approving a development that includes 11,350 residential units and 500,000 square feet of commercial space. The Villages of Lakeview would...

Environmental Protection Laws under Siege: The Advance of Efforts to Create Exemptions to CEQA and Suspend AB 32

By Douglas Carstens, Partner, Chatten-Brown & Carstens Get insightful analysis on recent attacks against the California Environmental Quality Act (CEQA) and the California Global Warming Solutions Act (AB 32). This article addresses attempts to blame CEQA and AB 32 for many economic ills that...

Professor Daniel P. Selmi on the Year in Review: Ten Environmental Law Cases from 2010

By Professor Daniel Selmi, Professor of Law, Loyola Law School, Los Angeles Get the latest expert analysis on important environmental law cases from 2010. The article discusses trends over the last year in environmental and land use case law from California appellate courts and the federal Ninth Circuit...

The 2010 California Environmental Legislative Recap: Public Policy Paralysis

By Mr. Gary Lucks Get the latest analysis of environmental laws recently passed by the California Legislature. The article, originally published as the Lead Article for the February 2011 issue of the California Environmental Law Reporter (Matthew Bender), includes coverage of 2010 state legislation...

Al Herson on California Environmental Quality Act (CEQA) Agricultural Land Mitigation

In this Analysis, Al Herson discusses whether preservation of existing agricultural land constitutes feasible mitigation under the California Environmental Quality Act (CEQA). The Analysis concludes that preservation of such land can be both a valid CEQA mitigation measure when it is used to mitigate...

The California Environmental Quality Act's Other 'E': The Often Important Role of Economic Data in the Environmental Review Process

By Arthur Pugsley, Attorney, Chatten-Brown & Carstens This article highlights the potentially critical role that economic data can play in the environmental review process under the California Environmental Quality Act. It discusses regulations on economic data that may conflict with the statutory...

California Supreme Court upholds municipal ban on plastic bags

In June 2008, the city manager of Manhattan Beach (a small, beach-front community in Southern California) issued a staff report recommending the adoption of an ordinance banning the use of "point-of-sale plastic carry-out bags" in the city. The proposed ordinance included a finding that the...

Demystifying CEQA's Cumulative Impact Analysis Requirements: Guidance for Defensible EIR Evaluation

By Ms. Nicole Hoeksma Gordon and Mr. Albert Herson, Attorneys, The Sohagi Law Group Get the latest on issues agencies face when conducting a "cumulative impact analysis" in an Environmental Impact Report in California. The article identifies legal requirements and provides practical strategies...

Marten Law Launches San Francisco Office

Former Orrick Environmental Partner to Anchor Firm's Expansion to California Robert Lawrence , former chair of Orrick's environmental transactions group, will anchor Marten Law's new San Francisco office - making it one of the largest environmental and energy law firms on the West...

Sheppard Mullin Richter & Hampton LLP: CEQA Amendments from the 2011 Legislative Session

By Judy Davidoff and Alex Merritt In the 2011 session, the California Legislature and the Governor passed several bills to amend CEQA. As summarized below, these bills streamline the review process for green projects, environmental leadership projects, and a proposed football stadium; relax...

Streamlining in the Name of Economic Improvement and Job Creation Dominates 2011 California Environmental Quality Act ("CEQA") Legislation

By Mr. Ron Bass and Mr. Al Herson I. Introduction to 2011 CEQA Legislation In a last minute flurry of activity, three bills dominated the California Legislature's attention to CEQA during the final week of the session, and were signed into law. All three bills are based on a common principle...

Sheppard Mullin Richter & Hampton LLP: Neither CEQA nor the Public Trust Requires Exclusion of Current Conditions in Determining Baseline for Purposes of Lease Renewal on Tide and Submerged Lands

Citizens for East Shore Parks, et al. v. California State Lands Commission (Chevron U.S.A, et al., real party in interest) , No. A129896 (Cal. Ct. App. 1st Dist., December 30, 2011, modified on denial of rehearing No. A129896M, Jan. 27, 2012.) . By Michael Gibson The proper baseline for analyzing...

2011 California Environmental Legislative Recap--A Touch More Green

By Mr. Gary Lucks Get the latest analysis of environmental laws recently passed by the California Legislature. The article includes coverage of 2011 state legislation on a variety of topics, such as climate change, air and water quality, energy, the California Environmental Quality Act, land use, sustainability...

Sheppard Mullin Richter & Hampton LLP: California Supreme Court Denies Review of Case Holding that CEQA Does Not Require Analysis of Effects on a Project Caused by the Environment

By Michael Hansen The California Supreme Court unanimously declined to hear a challenge to the revised environmental impact report for the Playa Vista development in Los Angeles in Ballona Wetlands Land Trust v. City of Los Angeles [ enhanced version available to lexis.com subscribers ], resulting...

Parties Can Toll CEQA Statute of Limitations

By Sedina L. Banks, Attorney, Greenberg Glusker Fields Claman & Machtinger LLP Last week, in Salmon Protection and Watershed Network v. County of Marin , the California Court of Appeals found that a public agency and a party disputing the adequacy of an environmental impact report (EIR) under the...

Sheppard Mullin Richter & Hampton LLP: California Supreme Court Grants Hearing in Berkeley Hillside Preservation v. City of Berkeley

Vacated opinion at: http://www.courtinfo.ca.gov/opinions/documents/A131254.PDF ; #mce_temp_url# (modified on rehearing, no change in judgment) http://www.courtinfo.ca.gov/opinions/documents/A131254M.PDF According to the Court, the case presents the following issue: Did the City of Berkeley properly...

Columbia Law School Center for Climate Change Law: California Court of Appeal Decision Could Allow for Greater Consideration of Impacts of Climate Change in Environmental Impact Reports

By Adam Riedel, CCCL Associate Director and Fellow How and to what extent predicted future, physical impacts from climate change should be considered in environmental impact reports (EIRs) under the California Environmental Quality Act (CEQA) has never been entirely clear. A recent California Court...

State Net Capitol Journal – September 10, 2012

Budget & Taxes CA STRUGGLES TO BALANCE ENVIRONMENTAL, ECONOMIC CONCERNS: The California Environmental Quality Act (CEQA), passed in 1970, has been credited with helping to preserve the state's lush wetlands and keep condos off the slopes of the majestic Sierra Nevada mountain range. But...

State Net Capitol Journal – September 10, 2012

Budget & Taxes CA STRUGGLES TO BALANCE ENVIRONMENTAL, ECONOMIC CONCERNS: The California Environmental Quality Act (CEQA), passed in 1970, has been credited with helping to preserve the state's lush wetlands and keep condos off the slopes of the majestic Sierra Nevada mountain range. But the...