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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

The GPU designation of the 140-acre Project site (18 acres of which would be used by the recycling facility and 44 acres of which would be preserved as habitat by a conservation easement) is “High Impact Industrial” with a zoning classification of “General Impact Industrial,” which allows recycling facilities such as the NCER Project.

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That Dam Case (Again):  Third District Upholds Oroville Hydropower Facilities Relicensing EIR Against Numerous CEQA Challenges

CEQA Developments

Butte County, Plumas County and Plumas County Flood Control and Water Conservation District (“Counties”) then filed two lawsuits (later consolidated) against the project. County of Nevada (2013) 221 Cal.App.4th Miller Starr Regalia has had a well-established reputation as a leading real estate law firm for fifty years.

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Climate Litigation Chart Updates – November 2016

Law Columbia

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The court rejected Exxon’s argument that it could withhold documents based on an accountant-client privilege under Texas law. and non-U.S.

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Fourth District Addresses Numerous Significant CEQA Issues In Action Challenging City of San Diego’s Utility Undergrounding Projects

CEQA Developments

Where an agency adopts an administrative appeal process, the common law exhaustion rule applies in CEQA cases and the remedy’s scope is defined by the specific jurisdiction’s relevant and available local procedures. City of San Jose (2013) 220 Cal.App.4th San Diego Unified School District (2013) 215 Cal.App.4th

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The New Environmental Rights Amendment to the New York Constitution

E2 Law Blog

What if it is from a manmade source in New York, operating lawfully under New York law? Elaboration may be on the way through the efforts of New York’s environmental regulator, the Department of Environmental Conservation (NYSDEC). 2013)(setting forth a history of the Article I, section 27, jurisprudence); see also Pa.

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Reading the Tea Leaves: Biden’s and California’s Vehicle Regs at the D.C. Circuit

Legal Planet

EPA is an effort by conservative states and fuel suppliers to block EPA regulations of greenhouse gas emissions from motor vehicles under the Clean Air Act. To get a better sense of where the court may be heading, I spoke with Sean Donahue , an environmental lawyer who argued one of the cases and was there for the other two oral arguments.

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The Chemical Compound—August 2021

Arnold Porter

In the first complaint, the Center alleged that a chemical manufacturer and importer headquartered in Akron, Ohio, had failed to report 843,047 pounds of tetrabromobisphenol A bis(2,3-dibromopropyl ether) and five other substances that it imported during the 2013–2015 reporting period. The House bill ( H.R. 33926 (June 28, 2021).]]

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