AB 1000: GOOD NEIGHBOR POLICY SEEKS TO ADDRESS ENVIRONMENTAL JUSTICE ISSUES SURROUNDING LOGISTICS CENTER LOCATIONS

On March 14, CA Assembly Majority Leader Eloise Gomez Reyes introduced (pending publication) AB 1000, also known as the Good Neighbor Policy. This legislation, if passed, would alter the siting and expansion of logistics facilities statewide. Read More
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SPECIAL RULES EASING THE PERMIT PROCESS FOR HOUSING DEVELOPMENTS

The ProHousing designation program comes as a response to California’s housing crisis and lack of affordable housing and provides an avenue for jurisdictions to be designated as “ProHousing.” Read More
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PROPOSED LEGISLATION WOULD GRANT THE STATE WATER RESOURCES CONTROL BOARD NEW AUTHORITY OVER ALL SURFACE WATER DIVERSIONS

A pair of bills introduced last week propose sweeping new authorities for the State Water Resources Control Board (SWRCB) that would increase state oversight of surface water diversions. Read More
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FAIR POLITICAL PRACTICES COMMISSION DETERMINES SB 1439 TO HAVE NO RETROACTIVE APPLICATION

On September 29, 2022 Senate Bill 1439 (Glazer) was signed by the Governor to take effect January 1, 2023. The bill broadens the scope of Section 84308 of the Political Reform Act by prohibiting local elected officials from taking part in licensing,… Read More
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Recent CEQA Decisions Test Concept of “Limited” or “Focused” EIRs

Farmland Protection Alliance v. County of Yolo Save the Field v. Del Mar Union School District Two recent appellate decisions tackle the question of how a CEQA lead agency may construct an EIR following a successful challenge to a prior negative decl… Read More
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State Water Board Exceeded its Authority by Curtailing Diversions by Pre-1914 Water Rights Holders Based on Lack of Water

The Sixth District Court of Appeals recently upheld a trial court judgment finding that the State Water Resources Control Board (“SWRCB”) exceeded its authority in 2015 by ordering “junior” pre-1914 water rights holders to stop diverting wate… Read More
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Scope of CEQA Review Constrained by Prior Judgments

Tiburon Open Space Committee v. County of Marin (2022) 78 Cal.App.5th 700 In a contentious development case, the first appellate district recently held that a lead agency properly limited the scope of its CEQA review to recognize prior judgments whic… Read More
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California Water Board Proposes Massive Civil Penalty For Discharge Of Fire Suppression Water

Administrative Civil Liability Complaint No. R4-2022-0218 In early July 2022, the Los Angeles Regional Water Quality Control Board proposed to levy a historically large civil penalty – more than $15 million – on the owners and operators of a beau… Read More
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City of Fontana Adopts New Industrial Land Use Regulations Following CEQA Litigation by AG

On April 12th, 2022, the City of Fontana passed Ordinance 1891 (“Ordinance”). The Ordinance implemented new-wave environmental justice policies for industrial commerce centers, and although its reach is limited to Fontana alone, its terms give a… Read More
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Ninth Circuit Ruling Exposes Challenges to Permitting Large Waste Rock Storage Areas on Federal Lands

Center for Biological Diversity v. U.S. Fish & Wildlife Service 33 F.4th 1202 (9th Cir. 2022) A recent Ninth Circuit ruling highlights the Mining Law of 1872’s shortcomings to accommodate the extraordinarily large-scale operations that often ch… Read More
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