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
Read More

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
Read More

Recirculation Required for New GHG Estimate

We Advocate, etc. v. County of Siskiyou 2022 Cal. App. Unpub. LEXIS 2349 CEQA requires an EIR to be recirculated for public review if “significant new information” is added between the time that a draft EIR is released to the public and the time… Read More
Read More

California Court of Appeal Clarifies Five-Acre Project Size Requirement for CEQA’s Infill Exemption for Gas Station Project

In Protect Tustin Ranch v. City of Tustin (G059709), an unpublished opinion, the Fourth District Court of Appeal upheld the use of CEQA’s infill exemption to approve a Conditional Use Permit (“CUP”) for the demolition of a structure and constru… Read More
Read More

CEQA Statute of Limitations Applies Regardless of the Merits of the Underlying Lawsuit

May 2020 On April 2, 2020, the Court of Appeal affirmed that CEQA’s accelerated statute of limitations on court challenges apply, regardless of whether the agency lacked authority to approve the project or make the CEQA determination in the first i… Read More
Read More

California Appellate Court Upholds Baseline Composed of Peak Emissions

Communities for a Better Environment v. South Coast Air Quality Management District 2020 Cal. App. LEXIS 285 April 15, 2020 California’s Second Appellate District, in a well-written opinion, held that a CEQA baseline for a refinery was properly mea… Read More
Read More

Industry Reminder: 2018 Amendment to Industrial Storm Water General Permit Effective July 1, 2020

March 2020 On November 6, 2018, the State Water Resources Control Board (“Water Board”) amended the National Pollutant Discharge Elimination System (“NPDES”) Statewide Industrial Storm Water General Permit (“General Permit”). The new requ… Read More
Read More

New Emergency Regulations to Protect Outdoor Workers from Wildfire Smoke

On July 18, 2019, the California Department of Industrial Relations, Occupational Safety and Health Standards Board (“Board,” also known as “Cal/OSHA”), adopted emergency regulations designed to protect outdoor workers from wildfire smoke. Read More
Read More

State Auditor Finds That California Department of Fish & Widlife Failed to Comply With its Obligations Under CEQA

June 2019 On June 27, 2019, the State Auditor affirmed that the California Department of Fish and Wildlife (“DFW”) “is not fulfilling its responsibilities under the California Environmental Quality Act [(“CEQA”)].” In response to a Joint… Read More
Read More

US EPA Clean Water Act Guidance: Discharges To Groundwater That Affect Surface Water Are Excluded From NPDES Program

On April 12, 2019, the U.S. Environmental Protection Agency issued a guidance memorandum stating that point source discharges to groundwater, which subsequently migrate or are conveyed to surface water, are excluded from the Clean Water Act’s NPDES… Read More
Read More