Public agencies prevailed in 71% of decisions involving the California Environmental Quality Act in 2022. By Marc Campopiano, Lucas Quass, Natalie Rogers, and Kevin Homrighausen Latham lawyers tracked key developments in California Environmental Quality Act (CEQA) case law throughout 2022. On April 20, 2023, Latham lawyers held a webcast highlighting important cases from the past … Continue Reading
We analyze the key CEQA cases from 2022 and how they have impacted development in California. By Marc Campopiano, Winston Stromberg, Daniel Brunton, Lauren Glaser, Kevin Homrighausen, and Natalie Rogers The California Supreme Court and the Courts of Appeal issued 50 published and unpublished opinions on the California Environmental Quality Act (CEQA) in 2022. We … Continue Reading
Public agencies prevailed in 71% of CEQA cases analyzed. By James L. Arnone, Daniel P. Brunton, Nikki Buffa, Marc T. Campopiano, Peter J. Gutierrez, John C. Heintz, Lauren E. Paull, Aron Potash, Lucas I. Quass, Natalie C. Rogers, Jennifer K. Roy, and Winston P. Stromberg Latham & Watkins is pleased to present its fifth annual … Continue Reading
We analyze the key CEQA cases from 2021 and their effects on development in California this year and beyond. By Marc Campopiano, Jennifer Roy, Winston Stromberg, Daniel Brunton, and Natalie Rogers Every year, we publish a comprehensive summary of California Environmental Quality Act (CEQA) judicial opinions and provide analysis of the key trends affecting development … Continue Reading
Developers and municipalities must continue to evaluate potential wildfire impacts on projects under CEQA and consider recent legislative changes. By Marc T. Campopiano and Shivaun A. Cooney Wildfires have posed increasing risks in recent years to the public and environment in California. The importance of understanding how wildfires may impact new development and infrastructure is … Continue Reading
SB 7 expands project eligibility, provides additional guidance regarding GHG emissions, and changes some procedural requirements. By Nikki Buffa and Brian McCall On May 20, 2021, California Governor Gavin Newsom signed into law SB 7, the Jobs and Economic Improvement Through Environmental Leadership Act of 2021. SB 7 reinstates, with amendments, the Environmental Leadership Development … Continue Reading
Project applicants and agencies alike should think carefully about developing robust analyses that demonstrate the adequacy of water supply. By Marc T. Campopiano, Diego Enrique Flores, and Lucas I. Quass Mark Twain is often credited with saying, “Whiskey is for drinking; water is for fighting over.” This remains true in California, where drought conditions, climate … Continue Reading
Public agencies prevailed in 68% of CEQA cases analyzed. By James L. Arnone, Daniel P. Brunton, Nikki Buffa, Marc T. Campopiano, and Winston P. Stromberg Latham & Watkins is pleased to present its fourth annual CEQA Case Report. Throughout 2020 Latham lawyers reviewed each of the 34 California Environmental Quality Act (CEQA) appellate cases, whether … Continue Reading
California appeals court decision increases the potential for CEQA challenges to power plant projects under the CEC’s jurisdiction. By Marc T. Campopiano, Charles C. Read, and Kevin A. Homrighausen In Communities for a Better Environment v. Energy Resources Conservation & Development Commission, the California First District Court of Appeal recently held that the State Legislature … Continue Reading
Developers and municipalities must now evaluate potential wildfire impacts from projects under recent amendments to CEQA, among other legislative changes. By Marc Campopiano and Shivaun Cooney Wildfires pose an increasingly serious threat to the public and environment in California with respect to air quality, climate change, and utility power shutoffs. The state’s string of historic … Continue Reading
Public agencies prevailed in 71% of CEQA cases analyzed. By James L. Arnone, Daniel P. Brunton, Marc T. Campopiano, Shivaun A. Cooney, Benjamin J. Hanelin, John C. Heintz, Maria Pilar Hoye, Aron Potash, and Winston P. Stromberg Latham & Watkins is pleased to present its third annual CEQA Case Report. Throughout 2019 Latham lawyers reviewed … Continue Reading
A local air district is developing a rule that would require both existing and proposed warehouses to reduce trucking emissions or pay a mitigation fee. By Joshua T. Bledsoe The South Coast Air Quality Management District (SCAQMD or District) is developing a so-called Indirect Source Rule (ISR) that would require Southern California warehouses to reduce … Continue Reading
A new webcast reveals the latest trends and approaches to CEQA compliance as the development and environmental communities react to changing law. By Marc T. Campopiano, Christopher W. Garrett, and Jennifer K. Roy On July 24, 2019, Latham & Watkins’ Project Siting & Approvals Practice hosted a 60-minute webcast, “Friant Ranch: Impact of California Supreme … Continue Reading
2018 Year in Review: Public agencies prevailed in 65% of CEQA cases analyzed. By James L. Arnone, Marc T. Campopiano, Christopher W. Garrett, and Lucinda Starrett 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. These … Continue Reading
CEQA Case Report: Understanding the Judicial Landscape for Development[I] By Christopher W. Garrett, Daniel Brunton, James Erselius, and Derek Galey In a published decision issued June 12, 2018, County of Ventura v. City of Moorpark, Case No. B282466, the California Court of Appeal rejected part of the County of Ventura and the City of Fillmore’s … Continue Reading
California Natural Resources Agency adopts final amendments to CEQA Guidelines, providing additional clarifying revisions to GHG impacts, baseline, and deferral of mitigation amendments. By Marc Campopiano, Winston Stromberg, and Samantha Seikkula The California Office of Administrative Law recently approved a suite of amendments to the CEQA Guidelines, which are now in effect. Latham wrote about … Continue Reading
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
CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher H. Norton, Lucas I. Quass and Megan K. Ampe In a published opinion issued on October 23, 2018, Save Lafayette Trees v. City of Lafayette, Case No. A154168, the California Court of Appeal upheld the trial court’s decision to grant a demurrer without leave … Continue Reading
CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, Kimberly D. Farbota, and Natalie C. Rogers In an unpublished opinion issued May 3, 2018, Endangered Habitats League, Inc. v. City of San Marcos, Case No. D072404, the California Court of Appeal determined that the Endangered Habitats League (Petitioner) … Continue Reading
CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, Lauren Glaser, and Natalie C. Rogers In an unpublished opinion issued June 19, 2018, Center for Biological Diversity v. County of Los Angeles, Case No. B284427, the California Court of Appeal rejected the Center for Biological Diversity’s (Petitioner) appeal … Continue Reading
CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, James A. Erselius, and Christopher Adam Martinez In an unpublished opinion issued October 22, 2018, Tennis Club Preservation Society v. City of Palm Springs, Case No. E068896, the California Court of Appeal affirmed the trial court’s decision dismissing the … Continue Reading
CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Megan K. Ampe, James A. Erselius In a published opinion issued May 1, 2018, Jensen v. City of Santa Rosa, Case. No. SCV255347, the California Court of Appeal affirmed the trial court’s judgment upholding the City of Santa Rosa’s (City’s) negative declaration … Continue Reading
CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, James A. Erselius, and Robert C. Hull In an unpublished opinion issued May 31, 2018, Save Adelaida v. County of San Luis Obispo, Case No. B279285, the California Court of Appeal partially affirmed the trial court’s decision and held … Continue Reading
CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Lucas I. Quass, Peter J. Gutierrez, and Roopika Subramanian In a partially published opinion issued September 18, 2018, Atwell v. City of Rohnert Park, Case No. SCV256891, the California Court of Appeal affirmed the trial court’s judgment that the petition for writ of mandate challenging … Continue Reading
