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CEQA Case Report: Understanding the Judicial Landscape for Development

Clean Energy Law

2018 Year in Review: Public agencies prevailed in 65% of CEQA cases analyzed. Over the course of 2018, Latham & Watkins lawyers reviewed all 57 California Environmental Quality Act (CEQA) cases, both published and unpublished, that came before California appellate courts. In 2017, only 43% of cases focused on EIRs.

2017 130
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That Dam Case (Again):  Third District Upholds Oroville Hydropower Facilities Relicensing EIR Against Numerous CEQA Challenges

CEQA Developments

On April 7, 2023, the Third District Court of Appeal filed a lengthy published opinion – the latest installment in one of the longer ongoing CEQA battles in recent memory – affirming a judgment finding an EIR for the Federal relicensing of Oroville Dam and related hydropower facilities legally adequate. It, too, rejected the CEQA claims.

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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

While rejecting many of plaintiffs’ CEQA challenges to the project’s final EIR (FEIR), the Court of Appeal found merit in claims that the EIR’s project description, analyses of impacts to historical resources and aesthetics, and alternatives analysis were deficient. Code, § 9112(c); Pub. The DEIR was circulated September 9, 2019.

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

CEQA Developments

In a 53-page published opinion filed October 8, 2021, the Fourth District Court of Appeal mostly affirmed, but reversed in part, a judgment in a CEQA action challenging two sets of projects of the City of San Diego to underground overhead utility wires in several neighborhoods. City of San Diego (2021) Cal.App.5th. The Litigation.

Law 80
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Climate Litigation Chart Updates – November 2016

Law Columbia

Environmental groups had identified five categories of new information since the 2004 preparation of an EIS that they contended warranted supplemental review under the National Environmental Policy Act (NEPA). Sentencing was scheduled for February 3, 2017. United States v. Ruffatto , No. 2:16 -cr-00167 (W.D.

2016 40
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March 2018 Updates to the Climate Case Charts

Law Columbia

A few days after the California court issued its order, North Dakota and Texas asked the Wyoming federal court to lift a stay that the court had imposed in December 2017. California Federal Court Found Inadequate Analysis of Climate Change Impacts on Water Transfer Project Under NEPA But Said Analysis Satisfied CEQA Requirements.

2018 40
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The Chemical Compound—May 2021

Arnold Porter

On March 1, 2021, the Fifth Circuit Court of Appeals remanded a final Consumer Product Safety Commission (CPSC) rule promulgated in October 2017 that continued and expanded a statutory interim prohibition on diisononyl phthalate (DINP) in children’s toys and child care articles at concentrations greater than 0.1% 14560 (Mar.

2021 52