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Recap of 2023 CEQA Amendments Now In Effect

CEQA Developments

The 2021-2022 Legislative Session was light on CEQA amendments, and once again did not produce any significant reform. SB 6 was the companion bill to AB 2011, but it does not create a ministerial approval process. Miller Starr Regalia has had a well-established reputation as a leading real estate law firm for fifty years.

2023 76
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First District Holds LA’s Water Allocations To Agricultural Lessees Were Authorized Under Existing Leases And Did Not Constitute Or Implement A Separate “Project” Subject to CEQA Review

CEQA Developments

The leases divided the acreage into “dry” lease and “irrigated” lease categories, stating that “water supplies to all land classified for leased irrigation (alfalfa and pasture) will be delivered in an amount not to exceed five (5) acre-feet per acre per irrigation season.” acre feet per acre (2011-12) to zero acre feet per acre (2015-16).

2010 83
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CEQA Remedies Go Both Ways:  Fourth District Reverses Judgment Upholding San Diego County Board’s Decision Granting Project Opponents’ Administrative Appeal, Holds Board Erred In Finding CEQA Guidelines Section 15183 Statutory Exemption Inapplicable And Ordering EIR Prepared for Exempt Industrial Project

CEQA Developments

Factual and Procedural Background The General Plan Update and Certified Program EIR The County designated the project property for industrial use in its 2011 General Plan Update (GPU), the environmental impacts of which were reviewed under CEQA pursuant to a certified program environmental impact report (PEIR).

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Rare Eastern Hellbender Habitat In Loyalsock Creek, Lycoming County Harmed By Sediment Plumes From Pipeline Crossings, Shale Gas Drilling Water Withdrawal Construction Projects

PA Environment Daily

The Loyalsock Watershed is classified by DEP as an Exceptional Value stream whose water quality must be protected by law, with no degradation. Both prime sponsors of the legislation making the designation came from Lycoming County as a result-- Sen. Read more here. Gene Yaw (R-Lycoming) and former Rep. Garth Everett (R-Lycoming).

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A “Capitol” Offense: Third District Holds State Capitol Building Annex/Visitor Center Project EIR Violated CEQA Due To Inadequate Project Description And Analyses Of Historical Cultural Impacts, Aesthetics, And Project Alternatives

CEQA Developments

Code, § 9112 et seq), which legislatively authorized the Joint Rules Committee to pursue the project under any delivery method deemed appropriate. City of Rocklin (2011) 197 Cal.App.4th The opinion teaches some helpful lessons, most of which fall into the category of “Duh!” Background. The Court of Appeal’s Opinion.

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Michigan’s ‘Very Big Opportunity’ in Infrastructure Windfall

Circle of Blue

In a series of conversations with community members, engineers, utility staff, and legislative aides, Green and her colleagues learned that EGLE and its predecessor agency had been marketing the SRFs to communities as a “program of last resort,” she said. It’s a problem the proposed legislation would allow EGLE to address.

2022 246
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Why Are CEQA Cases Published Or Not? Observations From A Look Back at 2020’s Decisions

CEQA Developments

With respect to my second reason, CEQA is generally an active area of law in terms of appellate cases, new legislation, and other significant developments; keeping track of the published – i.e., most important – cases is a big enough task without worrying about the even greater number of non-precedential unpublished ones.

2020 40