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2018, Latham & Watkins lawyers reviewed all 57 California Environmental Quality Act (CEQA) cases, both published and unpublished, that came before California appellate courts.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

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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

1) held the San Diego County Board of Supervisors committed a prejudicial abuse of discretion in granting project opponents’ appeals of the Planning Commission’s decision upholding County’s use of the CEQA Guidelines section 15183 exemption for a construction debris and inert materials recycling facility project. Hilltop Group, Inc.,

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“Fully Protected” No More?

Legal Planet

The package consists of 11 separate trailer bills, dealing with a variety of topics ranging from the California Environmental Quality Act (CEQA) to state contracting rules. The bill would eliminate the most restrictive category of species protection under California law, which has existed since 1970 and applies to 37 species.

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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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Supreme Court Corrects Butte County Opinion’s CEQA Misstatement In Response To Counsel’s Letter

CEQA Developments

CEQA Guidelines, §§ 15124, 15126, 15126.4, At its weekly conference held on August 24, 2022, the California Supreme Court acted to modify its recent majority opinion in County of Butte v. Department of Water Resources (State Water Contractors) (2022) Cal.5 5 th , Case No. This modification does not affect the judgment. (8/24/22

Law 80
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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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Recap of 2023 CEQA Amendments Now In Effect

CEQA Developments

The 2021-2022 Legislative Session was light on CEQA amendments, and once again did not produce any significant reform. While not amendments to CEQA itself, these new targets are worth noting as they will invariably appear in CEQA documents. As a ministerial approval, these projects would not be subject to CEQA review.

2023 76