By Christopher H. Norton, Lucas I. Quass, and Derek Galey CEQA Case Report: Understanding the Judicial Landscape for Development[I] In an unpublished opinion issued July 10, 2018, Sierra Club v. County of Kern, Case No. F071133, the California Court of Appeal reversed the trial court’s decision and remanded for the issuance of a new writ … Continue Reading
Companies may need to carefully consider practical business concerns to comply with the updated Prop 65 regulations, effective August 30. By Michael G. Romey, Lucas I. Quass, and James A. Erselius New regulations governing the implementation of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop 65) will go into effect on August … Continue Reading
CEQA Case Report: Understanding the Judicial Landscape for Development[I] By Winston P. Stromberg, Lucas Quass and Christopher Adam Martinez In an opinion published on August 9, 2018, Protect Niles v. City of Fremont, Case No. A151645, the First Appellate District of the California Court of Appeal affirmed the trial court’s issuance of a writ of … Continue Reading
Harvard professor Robert Stavins joins Latham partner Bob Wyman to review key climate change mitigation policies. California’s climate change mitigation program is widely viewed as one of the most comprehensive of its kind — encompassing a cap-and-trade component and a series of complementary measures with specific performance targets for important sectors such as motor vehicles, … Continue Reading
CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, Natalie C. Rogers, and Roopika Subramanian In a published opinion issued February 28, 2018, Covina Residents for Responsible Development v. City of Covina, Case No. B279590, the Court of Appeal affirmed the trial court’s judgment and upheld the City … Continue Reading
CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, Lauren Glaser, Natalie C. Rogers, and Jennifer K. Roy In a partially published opinion issued April 4, 2018, Small Property Owners of San Francisco Institute v. City and County of San Francisco, Case No. CPF14513453, the California Court of … Continue Reading
CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, Robert C. Hull, and Natalie C. Rogers In an unpublished opinion issued January 31, 2018, Citizens for Open & Public Participation v. City of Montebello, Case No. B277060, the California Court of Appeal affirmed the trial court’s denial of … Continue Reading
Upcoming regulation will change substantive components of Prop 65 warnings. By Michael G. Romey and Lucas I. Quass As discussed in Part 1 of Latham’s previous posts, California’s Office of Environmental Health Hazard Assessment (OEHHA) will modify how the department implements the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition … Continue Reading
Upstream entities will need to shoulder more responsibility in the warning process after August 30th. By Michael G. Romey and Lucas I. Quass As discussed in Latham’s previous post, August 30, 2018 will mark a significant change in the enforcement of the Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition … Continue Reading
Metropolitan Water District of Southern California leadership increases the possibility of much-needed relief for California’s aging water-supply infrastructure. By Paul N. Singarella, Daniel P. Brunton, and Lucas I. Quass The California WaterFix is the most expensive, important, and controversial water infrastructure project in California, and perhaps the country, in decades. At a price tag of … Continue Reading
CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, Diego Enrique Flores, and Samantha K. Seikkula In an unpublished opinion issued May 18, 2018, Responsible Development for Water Tank Hill v. County of San Mateo, Case No. A150883, the California Court of Appeal affirmed the trial court’s judgment … Continue Reading
CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, James A. Erselius, John D. Niemeyer, and Samantha K. Seikkula In an unpublished opinion issued February 20, 2018, Advocates for Better Cmty. Dev. v. City of Palm Springs, Case No. E066193, the California Court of Appeal dismissed as moot … Continue Reading
The California Assembly is expected to vote this summer to establish increased renewable energy targets and set a target of 100% clean energy by 2045. By Marc T. Campopiano, Jennifer K. Roy, Diego Enrique Flores SB 100, Senator Kevin De Leon’s renewable energy bill, would increase California’s already ambitious renewable energy standards by 2030 with … Continue Reading
Upcoming regulation will require online and catalog retailers to implement product warnings. By: Michael G. Romey and Lucas I. Quass Enforcement of the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65 (Prop 65), will change significantly on August 30, 2018. Two years earlier, on August 30, 2016, California’s Office … Continue Reading
By Daniel P. Brunton, Lucas I. Quass, and Stephanie L. Postal CEQA Case Report: Understanding the Judicial Landscape for Development [i] In a published opinion issued March 15, 2018, Don’t Cell Our Parks v. City of San Diego, the California Court of Appeal affirmed the trial court’s judgment and upheld the City of San Diego’s … Continue Reading
By James Arnone, Lucinda Starrett, Marc Campopiano, and Christopher Garrett California higher courts rule in favor of public agencies on small majority of environmental impact report cases. Over the course of 2017, Latham lawyers reviewed all 46 California Environmental Quality Act (CEQA) cases, both published and unpublished, that came before California appellate courts. These cases covered a … Continue Reading
By Christopher W. Garrett, Natalie C. Rogers, and Kimberly D. Farbota CEQA Case Report: Understanding the Judicial Landscape for Development[1] In a published opinion issued January 12, 2018, Heron Bay Homeowners Assn. v. City of San Leandro, the California Court of Appeal affirmed the trial court’s partial grant of Heron Bay Homeowners Association’s request for … Continue Reading
By Chris Garrett, Diego Flores, Lucas Quass and Samantha Seikkula CEQA Case Report: Understanding the Judicial Landscape for Development[i] In an unpublished opinion issued March 26, 2018, Golden Door Properties, LLC v. Vallecitos Water District, the California Court of Appeal affirmed the trial court’s judgment sustaining the Vallecitos Water District’s (District’s) demurrer from Golden Door, … Continue Reading
Webcast addresses recent developments involving the California Environment Quality Act. By Marc Campopiano, Chris Garrett, and Winston Stromberg The Project Siting & Approvals Practice hosted a 60-minute webcast on February 21, “CEQA Developments: How New Proposed Regulations and Streamlined Legislation Will Impact California Projects.” Speakers provided an overview of the proposed updates to the California … Continue Reading
By Richard P. Bress, Philip J. Perry, Andrew D. Prins, Ryan Baasch and Alexandra Shechtel On February 26, for the first time ever, a federal district court has enjoined a California Proposition 65 warning requirement on First Amendment grounds. Under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 — colloquially known as “Proposition … Continue Reading
By Marc Campopiano and Shannon Cheng A proposed Scoping Plan Update released by the California Air Resources Board (ARB) targets the land use sector and development projects for greenhouse gas (GHG) reductions. The proposed update was spurred by the passage of Senate Bill (SB) 32 and Assembly Bill (AB) 398, which codified California’s goal of reducing … Continue Reading
By Joshua T. Bledsoe and Kimberly Farbota In a previous post, we described how potential delays in the resolution of the case commonly known as POET I could create uncertainty regarding the future of the California Low Carbon Fuel Standard (LCFS). On August 23, 2017, the Supreme Court of California issued an order: (1) denying California … Continue Reading
By Joshua Bledsoe and Kimberly Farbota Two recent developments in the interrelated legal challenges commonly known as POET I and POET II may create additional uncertainty for the future of the Low Carbon Fuel Standard Program (LCFS). Earlier this year, the California Court of Appeal for the Fifth Appellate District (Court of Appeal) issued two … Continue Reading
By Joshua T. Bledsoe and Max Friedman As discussed in a previous post, the California Court of Appeal for the Fifth Appellate District (Court of Appeal) ruled on April 10, 2017 that the California Air Resources Board (ARB) had failed to properly follow a writ of peremptory mandate (the Writ) requiring ARB to remedy violations … Continue Reading
