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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

Located in a steep valley directly west of Interstate 15, the Project site is also located adjacent to parcels of land zoned “semi-rural residential” and in proximity to a number of residential communities, which resulted in strong public opposition to the Project ultimately leading to litigation. City of Dublin (2013) 214 Cal.App.4th

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Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court

The Energy Law Blog

1331 because the cities’ claims were “necessarily governed by federal common law.” Do State Nuisance Claims Related to Climate Change Arise Under Federal Law? the district court found that the Plaintiffs’ claims supported federal question jurisdiction because those state-law claims were “necessarily governed by federal common 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 provides guidance to practitioners on when and how CEQA applies to public contracts, and also regarding the appropriate contents of the administrative record in CEQA litigation challenging staff level actions implementing existing leases. The leases had a term running from 2009 through 2013, with a holdover provision.

2010 83
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That Dam Case (Again):  Third District Upholds Oroville Hydropower Facilities Relicensing EIR Against Numerous CEQA Challenges

CEQA Developments

But instead of addressing the substance of those claims as the trial court had done, it held that the application of CEQA to the relicensing of a dam under FERC’s aegis was preempted by federal law pursuant to the Federal Power Act (“FPA,” 16 U.S.C. County of Nevada (2013) 221 Cal.App.4th 791a et seq.).

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California Adopts CEQA Guidelines Aimed at Improving Consideration of GHG Emissions and Climate Change Impacts in Environmental Reviews

Law Columbia

The CEQA Guidelines have been revised to clarify the appropriate methodology for measuring and assessing the significance of GHG emissions, consistent with recent case law. 4th 832 (2013) (invalidating EIR that based its significance determination partly on comparing the project’s emissions to statewide emissions).

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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. Sierra Club v.

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

CEQA Developments

The Council would thereafter create an “Underground Utility District” for the selected blocks to be completed with the year’s funding; residents/owners within the district would be mailed a notice of public hearing and a map so they could comment prior to Council’s approval of creation of the district. City of San Jose (2013) 220 Cal.App.4th

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