A preliminary injunction motion is set for May, the judge issued a scheduling order, and CARB announced a public workshop to kick off a rulemaking to implement the laws.
By Joshua T. Bledsoe, Nikki Buffa, Betty M. Huber, and Matthew Green
The litigation over California’s climate disclosure laws has been ongoing since January 2024. In the latest development, the US District Court for the Central District of California is scheduled to conduct a hearing on a motion
Stakeholders should stay informed as state and federal officials advance plans and policies for water conservation, water quality, and climate resilience in California.
By Mike Romey, Lucas Quass, Nolan Fargo, Cody Kermanian, and Samantha Yeager
Following consecutive years of heavy rainfall, California experienced record heat and dry conditions during the summer of 2024, which led parts of the state back into drought. Despite late 2024 storms in Northern California, January 2025 saw statewide precipitation fall below
Affected landowners may be able to avail themselves of certain protections under state and federal environmental laws.
By Aron Potash and Cody M. Kermanian
In the aftermath of the wildfires in the Los Angeles area in January 2025, a cleanup effort is underway to facilitate the safe return of residents to their homes in Altadena and Pacific Palisades. The federal government is leading the effort in coordination with various state and local agencies, and the government has reported significant progress
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 wildfire seasons has prompted a number of changes to environmental policies. With recent amendments to the California Environmental Quality Act (CEQA), Developers and local jurisdictions must evaluate wildfire impacts, among other changes. Understanding how wildfire risk affects new development and infrastructure has never been so important.
New definition of “waters of the United States” takes effect June 22, 2020 everywhere except Colorado under split decisions.
By Janice M. Schneider and Peter R. Viola
In the closely watched battle over the scope of the Clean Water Act (CWA), a federal court in California has denied a motion brought by a coalition of states to stay the Trump Administration’s rule narrowing the law’s reach. However, the federal court in Colorado has enjoined the rule in that state, and litigation in these and other courts will continue — including an anticipated appeal of the California decision to the Ninth Circuit Court of Appeals.
The Governor has issued an Executive Order that permits commandeering of hotels and other places of temporary residence for the state’s response to COVID-19.
By Winston P. Stromberg, Lucas I. Quass and Cody M. Kermanian
As part of California’s continued response to the COVID-19 outbreak, on March 12, 2020, Governor Gavin Newsom issued Executive Order N-25-20, which, among other measures, permits the state to commandeer real property, such as hotels, for the treatment and quarantine of COVID-19 patients. Specifically, the Executive Order provides as follows:
The California Health and Human Services Agency and the Office of Emergency Services shall identify, and shall otherwise be prepared to make available — including through the execution of any necessary contracts or other agreements and, if necessary, through the exercise of the State’s power to commandeer property — hotels and other places of temporary residence, medical facilities, and other facilities that are suitable for use as places of temporary residence or medical facilities as necessary for quarantining, isolating, or treating individuals who test positive for COVID-19 or who have had a high-risk exposure and are thought to be in the incubation period.
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 Court’s Landmark Decision on CEQA Compliance,” to zero in on the landmark decision and its ramifications. Seven months on from the Court’s decision
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 cases covered a variety of CEQA documents and other topics. Below is a compilation of information from the review and a discussion of the patterns that emerged in these cases. Latham will continue to monitor CEQA cases in 2019, posting summaries to this blog.
The California Court of Appeal heard 55 CEQA cases, while the California Supreme Court heard one case: Sierra Club v. County of Fresno. This case concerned what constitutes sufficient detail in an environmental impact report (EIR) and has implications for the preparation of EIRs as well as judicial review of agency decisions certifying EIRs.
In addition to the 56 state cases, one federal CEQA case, AquAlliance v. U.S. Bureau of Reclamation, was heard by the Eastern District of California.
Online alcohol sellers should ensure compliance with the new Prop 65 warning label requirements.
By Michael G. Romey, Lucas I. Quass, and James A. Erselius
On August 30, 2018, new regulations governing the implementation of California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop 65) went into effect. The new regulations apply to all products manufactured after that date and require updated warnings that must appear on product labels in addition to other substantive changes. For an overview of the amendments, please refer to Latham’s four-part “How To Prepare” blog series. One provision of the recent amendments, concerning the warning requirements for the sale of alcoholic beverages, has triggered a notices of violation. In the first quarter of 2019, more than 50 notices alleging failure to comply with Prop 65 have been sent to online retailers of alcoholic beverages.
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 (Petitioners’) appeal and affirmed the trial court’s decision that a beach restoration project undertaken by Broad Beach Geologic Hazard Abatement District (BBGHAD) and a related settlement agreement with the City of Moorpark (City) were exempt from CEQA review.
In summary, the court determined:
The trial court determined that the beach restoration project and the related settlement agreement between BBGHAD and City were a single statutorily exempt project. Petitioners appealed on the grounds that even if the beach restoration was exempt, the settlement represented a separate, non-exempt project that was not properly reviewed under CEQA.