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Recap of 2023 CEQA Amendments Now In Effect

CEQA Developments

We saw a continued focus on incentivizing affordable and infill developments on the condition that the project pay prevailing wages (AB 2011), reducing barriers for specified sustainable transit projects (SB 922), and amendments akin to “pet project exemptions” that are targeted to solving a narrower set of concerns (SB 118 and SB 886).

2023 76
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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

1) held the San Diego County Board of Supervisors committed a prejudicial abuse of discretion in granting project opponents’ appeals of the Planning Commission’s decision upholding County’s use of the CEQA Guidelines section 15183 exemption for a construction debris and inert materials recycling facility project. Hilltop Group, Inc.,

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$18 billion to fossil fuels: Breaking Down the Numbers

Enviromental Defense

You can find the complete list of federal supports announced in 2020 in the report, but here are the major categories we were able to track. Notably, the agency loaned up to $500 million for the Coastal GasLink Pipeline, a project opposed by hereditary leaders from all five clans of the Wet’suwet’en Nation. Cleaning up is the law.

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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 case holds that the City’s water allocations to the City’s agricultural lessees were authorized under its existing 2010 leases and thus did not constitute a new project subject to CEQA review before they could be lawfully implemented. acre feet per acre (2011-12) to zero acre feet per acre (2015-16).

2010 83
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Siting Renewables in New York: Updates from ORES Executive Director Houtan Moaveni and Suggestions from Panelists on How to Further Improve the New Siting Process

Law Columbia

On September 22, 2022, the Sabin Center for Climate Change Law and the Columbia Climate School co-hosted a Climate Week NYC webinar on “Siting Renewables in New York: Ambitious Climate Goals, a New Siting Process, and How It Is Going.” Law §§ 66-p(2)(a), (b). Law § 75-0107(1)(b). Law § 94-c(1). 94-c(5)(f).

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HEI Energy, Penn State Study Uses 28,500 Water Sample Results To Help Identify Oil & Gas Industry Groundwater Pollution

PA Environment Daily

Baka explained the study is based on 28,500 water sampling results submitted to the Department of Environmental Protection as part of pre-shale gas well development by shale gas operators since about 2011. When [shale] oil and gas companies drill, they are going to be liable if they contaminate somebody's drinking water.

2003 85
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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

In a published opinion filed December 6, 2022, the Third District Court of Appeal reversed in part and affirmed in part the trial court’s judgment denying writ petitions in consolidated actions challenging the EIR for a major state government project affecting the Historic State Capitol Building and Annex in Sacramento. Save Our Capitol!