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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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Policy News: June 14, 2021

ESA

The agenda notes DOE is preparing a major rulemaking to reduce the use of fossil fuels in federal buildings — an implementation of a 2007 law. It also lays out a string of rules in various stages to amend energy conservation standards for everything from refrigerators and freezers , ceiling fans to commercial and industrial pumps.

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Constitutional Amendments

Smith Enviorment

Historically, laws creating commissions gave the Governor power to appoint all or a majority of the members. The governor argued the laws giving the legislature power to select a majority of commissioners violated the N.C. Constitution’s requirement for executive, legislative and judicial powers to be entirely separate.

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Policy News: November 22, 2021

ESA

million for conserving pollinators, freshwater mussels, desert fish and Hawaiian Islands plants. billion to support Indigenous conservation of forests. But, many legal experts say the legal tug of war over the foundational water law is likely to continue until the Supreme Court weighs in again. Lawmakers also allocate $9.7

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The Chemical Compound—May 2021

Arnold Porter

Law §§ 35-0105, 37-0115.]]. The Resource Conservation and Recovery Act would be amended to include provisions regulating incineration of PFAS. The law would also require guidance on alternative foams and equipment that do not contain PFAS. 14560 (Mar. 17, 2021).]]

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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 and County of San Francisco (2021) 60 Cal.App.5th 5th 470, 492-493, my 4/13/21 post on which can be found here.)

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Policy News: January 31, 2022

ESA

Conservation: The House Natural Resources Committee approved the Recovering America’s Wildlife Act (H.R. billion annually to state and tribal fish and wildlife agencies for conservation and the implementation of state wildlife action plans. The House Rules Committee will consider these amendments during a hearing tomorrow, Feb.

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