CEQA Industry Update: AB 52

On June 25, 2014, the Senate Committee on Environmental Quality is holding a public hearing on AB 52, legislation that would expand CEQA by, among other things, establishing “tribal cultural resources” as a new category of environmental resources. Our previous analysis of AB 52 can be found here. In advance of the public hearing, the Committee’s Staff Report (“Staff Report”) has been released to the public. A link to a copy of the Staff Report can be found here.

The Staff Report raises serious questions about the current version of AB 52, including issues with both the language of the bill itself, as well as AB 52’s impact on broader policy concerns relating to CEQA. The Staff Report recommends significant amendments to AB 52 in order to allay the Committee staff’s concerns, including a recommendation that tribal consultation for cultural resources may best be provided for outside of CEQA.

As always, we will continue to monitor this bill and provide regular updates, as well as any additional legislative developments regarding CEQA. If you want more information, please feel free to contact us at dtemblador@hthglaw.com or aguernsey@hthglaw.com.

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The materials and information in this article have been prepared by Harrison, Temblador, Hungerford & Guernsey LLP for informational purposes only and do not constitute legal advice.