Latham's Clean Energy Law Report

Tag Archives: Environmental Impact Report

California Supreme Court Clarifies Standard of Review for EIRs and Requirements for Air Quality Impact Analyses

CEQA Case Report: Understanding the Judicial Landscape for Development[I] By Marc T. Campopiano, Christopher W. Garrett, Nathaniel L. Glynn, and Natalie C. Rogers In a published opinion issued December 24, 2018, Sierra Club v. County of Fresno, Case No. S219783, the California Supreme Court determined that an environmental impact report (EIR) prepared and certified by … Continue Reading

California Supreme Court Addresses Subsequent Review Under CEQA; Rejects Lishman “New Project” Test

By Christopher W. Garrett, David Amerikaner, Lucas I. Quass and Samantha Seikkula In an opinion by Justice Kruger, the Supreme Court of California unanimously reversed the Court of Appeal in Friends of the College of San Mateo Gardens v. San Mateo County Community College District, Cal. Supreme Court, Case No. S214061 (September 19, 2016). The Court … Continue Reading

California Supreme Court Hears Oral Argument in Friends of the College of San Mateo Gardens v. San Mateo County (Case No. S214061)

By Christopher Garrett, Daniel Brunton and Shannon Lankenau On May 4, 2016, the California Supreme Court heard oral argument in Friends of the College of San Mateo Gardens v. San Mateo County Community College District (Case No. S214061), which addresses the standard of review that applies when a lead agency decides that changes or additions … Continue Reading

California Supreme Court Charts New Course For Climate Change Analysis

By Christopher Garrett, James Arnone and Joshua Bledsoe, On Monday November 30, 2015, the California Supreme Court overturned the Department of Fish and Wildlife’s (the Department) Environmental Impact Report (EIR) for the Department’s approvals of the Newhall Ranch project. The Newhall Ranch project includes plans to develop almost 12,000 acres along the Santa Clara River … Continue Reading

California Supreme Court Hears Oral Argument in Case Challenging 2010 Bay Area Air Quality Management District Air Quality Thresholds

By Chris Garrett, Shivaun Cooney and Shannon Lankenau On October 7, 2015, the California Supreme Court heard oral argument in California Building Industry Association v. Bay Area Air Quality Management District (Supreme Court Case No. S213478), a case which calls into question the “continued vitality” of a line of appellate cases holding that the “reverse … Continue Reading
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