Clean Energy Law

MAY 17, 2019

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of 2018, Latham & Watkins lawyers reviewed all 57 California Environmental Quality Act (CEQA) cases, both published and unpublished, that came before California appellate courts. Read the full CEQA Case Report Year in Review 2018.

2017 130

2017 2018 2019 Greenhouse 130

CEQA Developments

MAY 2, 2023

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.

Climate Change 88

Climate Change 2008 2017 Law 88

CEQA Developments

AUGUST 2, 2022

The overlap of those two roles gave rise to the County of Mono case, in which the County sought to use CEQA litigation as leverage over the City’s water allocations to agricultural users who lease property from the City. Entitlement and litigation attorneys should accordingly both find it a useful case to review.

2010 83

2010 2018 2009 Law 83

CEQA Developments

JANUARY 2, 2023

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. The DEIR was circulated September 9, 2019. Code, § 9112(c); Pub.

Government 76

Government Law 2019 2011 76

Arnold Porter

JUNE 2, 2021

GAO Report Identified Decline in EPA’s Chemical Assessment Processes Since 2019. The risk evaluation’s conclusions that consumer uses do not present an unreasonable risk could preempt state-level restrictions on 1,4-dioxane in personal care, cosmetic, and cleaning products such as restrictions enacted by New York in 2019.[[N:N.Y.

2021 52

2021 Regulations 2020 Toxic Substances Control Act 52