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California Land Use & Development Law Report Legal Commentary on Planning and Development

Category Archives: Climate Change

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Plan Bay Area: ABAG and MTC Publish Draft EIR

Posted in CEQA, Climate Change, Land Use

The Association of Bay Area Governments and the Metropolitan Transportation Commission today released the Draft Environmental Impact Report on their “Plan Bay Area,” a long-range regional planning document proposed to better align future land use planning with the Bay Area’s transportation infrastructure.  Plan Bay Area implements SB 375, which was enacted in 2008 and requires… Continue Reading

New Significance Standard for Greenhouse Gas Emissions Is Not New Information Triggering Supplemental CEQA Review

Posted in CEQA, Climate Change, Land Use

The court of appeal opinion issued today in Concerned Dublin Citizens clearly answers three CEQA questions which haven’t been directly addressed in other published opinions: the proper interpretation of the statutory exemption for housing projects that are consistent with a specific plan; how the CEQA guideline on further review following a program EIR should be… Continue Reading

California Court of Appeal Upholds Statewide Climate Change Scoping Plan

Posted in Climate Change, Environmental Regulation

The court of appeal in San Francisco has upheld the Climate Change Scoping Plan adopted by the Air Resources Board in December 2008.  In its June 19th decision in Association of Irritated Residents v. California Air Resources Board, the court rejected claims by environmental groups that the Plan violated the Global Warming Solutions Act of… Continue Reading

Plan Bay Area: The Regional Plan for Reducing Greenhouse Gas Emissions – The EIR is Underway

Posted in CEQA, Climate Change, Planning and Zoning

The Metropolitan Transportation Commission, the transportation planning agency for the nine-county San Francisco Bay Area, and the Association of Bay Area Governments have announced that they are going to prepare an Environmental Impact Report to evaluate the agencies’ proposed plan to reduce regional greenhouse gas emissions from cars and light duty trucks.  On June 11, the… Continue Reading

Appendix G of CEQA Guidelines Cannot Require Analysis of Effects of Environment on Project

Posted in CEQA, Climate Change

Provisions of Appendix G of the CEQA Guidelines that purport to require analysis of the effects of environmental hazards on a proposed project have been declared invalid by California’s Second District Court of Appeal.  The court held that such impacts are not encompassed by CEQA, rejecting a claim that an Environmental Impact Report was required to evaluate the impacts of potential… Continue Reading