Environment, Land & Resources

Tag Archives: CEQA

Court Reissues LCFS Opinion Per ARB Petition For Reconsideration

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

California Court Rules Against Air Resources Board over LCFS but Preserves 2017 Status Quo

By Joshua T. Bledsoe and Max Friedman In two recent posts, we discussed how California’s Low Carbon Fuel Standard (LCFS) had been thrown into a state of potential upheaval by two interrelated legal challenges commonly known as POET I and POET II, including a recent oral argument before the California Court of Appeal for the … Continue Reading

California State Court Poised to Destabilize Low Carbon Fuel Standard

By Joshua T. Bledsoe and Max Friedman Big changes appear to be imminent for California’s Low Carbon Fuel Standard (LCFS). As discussed in greater detail in our recent post, the LCFS currently is the subject of two interrelated legal challenges commonly known as POET I and POET II. Here we provide an update on recent proceedings before … Continue Reading

Twin Challenges to LCFS Advance in California Courts, With Potential Implications for State’s Overall Climate Stabilization Strategy

By Joshua T. Bledsoe and Max Friedman Two related cases, advancing in parallel, have the potential to upend California’s Low Carbon Fuel Standard (LCFS), whether via full suspension of the LCFS or carving out diesel fuels from the deficit and crediting regime.[1] Both cases involve challenges by POET, LLC (POET), a South Dakota-based ethanol producer, … 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 Court of Appeal Partially Upholds Air Quality Thresholds of Significance Following State Supreme Court Decision

By Marc Campopiano, Lucas I. Quass and Samantha Seikkula In a published decision, following the Supreme Court’s decision in California Building Industry Association v. Bay Area Air Quality Management District (2015) 62 Cal.4th 369, the First District Court of Appeal upheld California Environmental Quality Act (CEQA) thresholds of significance adopted by the Bay Area Air … 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
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