In a recently published decision, a California court of appeal rejected a challenge to an EIR alleging the agency was required to recirculate the EIR when a new alternative was proposed after the draft EIR had already been circulated. South County Citizens for Smart Growth v. County of Nevada, 2013 WL 5936664 (Cal. App.
November 2013
Courts Have Discretion to Allow Agency Regulations Adopted in Violation of CEQA to Remain in Place Based on Their Environmental Benefits While Agency Takes Corrective Action
Agencies promulgating regulations under a certified regulatory program may not bypass CEQA’s environmental review procedures by approving the regulations prior to completion of the environmental review. POET LLC v. California Air Resources Board, 218 Cal. App. 4th 681 (2013). However, the decision in POET demonstrates that a court has discretion to consider the regulations’ environmental…
Comment Periods Open on New Fracking Regulations and Scope of Statewide EIR
In the face of mounting public pressure to address the potential perils of hydraulic fracturing, California has embarked upon a multi-faceted program to strengthen its oil and gas regulations, perform comprehensive environmental studies, and increase public disclosure. On November 15, 2013, the Department of Conservation published two notices seeking comments on steps it is taking…
Court Rejects Claim That New General Plan Housing Element Requires New EIR
Affordable housing advocates have lost a claim that Napa’s new General Plan Housing Element required a new environmental impact report. Latinos Unidos de Napa v. City of Napa, No. A134959 (1st Dist., Oct. 10, 2013, publication ordered Nov. 5, 2013). The court upheld the city’s decision that its 2009 Housing Element was not a …
Does An EIR Have To Be Certified By A City’s Decision-Making Body?
Yes, according to a recent decision by a California court of appeal. The court held that CEQA does not allow a city council to delegate certification of an Environmental Impact Report to a planning commission, where the council is the decision-maker on the project. The court further ruled that, where such a delegation occurs, the…
Ninth Circuit Rules that Plaintiffs Lack Standing to Compel State Agencies to Regulate Greenhouse Gas Emissions
Do environmental groups have standing to sue to force state agencies to regulate greenhouse gas emissions under the Clean Air Act? In a case decided on October 17, the Ninth Circuit said no. Washington Environmental Councilv. Bellon, No. 12-35323 (9th Cir. Oct. 17, 2013).
The plaintiffs argued that several governmental agencies in Washington State …