As the widespread economic impacts of the coronavirus (COVID-19) worsen, Governor Gavin Newsom has issued Executive Order N-28-20 to assist Californians experiencing financial hardship. The order implements measures specifically aimed at helping homeowners, tenants, borrowers and others that have lost their source of income due to business closures or layoffs in the wake of COVID-19.
Real Estate Guidance During Coronavirus Pandemic
As the coronavirus (COVID-19) continues to spread, rapidly evolving economic and social changes are presenting a host of legal issues for the real estate industry. Attorneys at Perkins Coie, LLP, have published guidance on some of the more pressing issues affecting developers, landlords, tenants, and lenders. The guidance, prepared by Cecily T. Barclay, Allan E.
San Francisco Voters Approve Vacancy Tax Ordinance
San Francisco voters have approved a Vacancy Tax Ordinance, which imposes a tax assessment on vacant commercial space beginning January 1, 2021. The tax applies to any commercial space that is “unoccupied, uninhabited, or unused for more than 182 days whether consecutive or non-consecutive in a tax year.” The tax is intended to help reinvigorate
CEQA YEAR IN REVIEW 2019
A SUMMARY OF PUBLISHED APPELLATE OPINIONS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
The year 2019 saw several trailblazing opinions, indicating that courts continue to grapple with some of CEQA’s core policies. The California Supreme Court weighed in on the threshold question of what constitutes a “project” subject to CEQA. In Union of Medical Marijuana Patients
Administration Announces Major Overhaul of NEPA Regulations
On January 10, the White House Council on Environmental Quality published significant revisions to regulations implementing the National Environmental Policy Act, the first such overhaul since adoption of the regulations in 1978. The proposed rules are comprehensive and wide-ranging, and have significant ramifications for the extensive range of projects that are carried out by the
CEQA YEAR IN REVIEW — 2018
A Summary of Published Appellate Opinions Under the California Environmental Quality Act
The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the court rejected a standard air quality impact analysis in the EIR for a typical mixed-use development project.
California Adopts Ambitious New Greenhouse Gas Reduction Targets
Governor Jerry Brown has signed two related bills that will tighten greenhouse gas limits and increase legislative oversight over the California Air Resources Board, SB 32 and AB 197. Some of the key components of the two bills include:
- New state-wide target for reductions in GHG emissions. SB 32 requires CARB to reduce statewide
CEQA Year In Review 2013
A Summary of Published Appellate Opinions Under CEQA By Steve Kostka, Barbara Schussman, Julie Jones, Marc Bruner & Christopher Tom
The CEQA cases published in 2013 continued to reflect a recognition that CEQA does not require perfection, but rather a reasonable effort to provide useful environmental information — a trend that continued from the
Criminal Penalties for Bird Deaths Caused by Wind Projects
In the first criminal case ever prosecuted under the Migratory Bird Treaty Act, the U.S. Fish and Wildlife Service and Department of Justice filed misdemeanor charges against Duke Energy for more than 163 migratory bird deaths, including golden eagles, at its wind power projects near Casper, Wyoming. On November 22, 2013, the case was resolved
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