» Harrison, Temblador, Hungerford & Johnson LLP

CEQA Statute of Limitations Applies Regardless of the Merits of the Underlying Lawsuit

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May 2020 On April 2, 2020, the Court of Appeal affirmed that CEQA’s accelerated statute of limitations on court challenges apply, regardless of whether the agency lacked authority to approve the project or make the CEQA determination in the first i… Read More

Categories: Articles, CEQA, Climate, Environmental

Tags: CEQA, Court of Appeal, EIR, NOD

Executive Order N-54-20 Suspends Certain CEQA Noticing and Posting Requirements and Tribal Consultation Timeframes

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Tiffany Michou

April 2020 On April 22, 2020, Governor Newsom signed Executive Order N-54-20, which modifies the requirements for posting certain notices under the California Environmental Quality Act (CEQA) and lengthens the timeframe for tribal consultation. The E… Read More

Categories: Articles, CEQA

Tags: CEQA, EIR, Executive Order, N-54-20, Newsom, tribal consultation

California Appellate Court Upholds Baseline Composed of Peak Emissions

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Sean K. Hungerford

Communities for a Better Environment v. South Coast Air Quality Management District 2020 Cal. App. LEXIS 285 April 15, 2020 California’s Second Appellate District, in a well-written opinion, held that a CEQA baseline for a refinery was properly mea… Read More

Categories: Air, Articles, CEQA, Climate

Tags: air quality, baseline, CEQA, emissions, environmental law, public health, refinery

New CEQA Transportation Analysis Guidelines: A Fundamental Change

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David P. Temblador

March 2020 On July 1, 2020, new guidelines will go into effect marking a fundamental shift in how transportation impacts are analyzed under the California Environmental Quality Act (“CEQA”). The new guidelines, adopted at 14 CCR § 15063.4, will… Read More

Categories: Articles, CEQA, Environmental, Land Use, Transportation

Tags: CEQA, OPR, transportation

State Auditor Finds That California Department of Fish & Widlife Failed to Comply With its Obligations Under CEQA

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David P. Temblador

June 2019 On June 27, 2019, the State Auditor affirmed that the California Department of Fish and Wildlife (“DFW”) “is not fulfilling its responsibilities under the California Environmental Quality Act [(“CEQA”)].” In response to a Joint… Read More

Tags: California Department of Fish & Wildlife, CDFW, CEQA, EIR, environmental review, negative declaration, state audit

Georgetown Preservation Society v. County of El Dorado - Despite Compliance with Local Design Standards Lay Opinion on Aesthetics Can Support a CEQA "Fair Argument"

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Sean K. Hungerford

James I. Anderson

A recent opinion by California’s Third Appellate District holds that even if a project conforms to county historic design guidelines, lay opinions relating to the aesthetics may support a fair argument of substantial impacts on the environment. Read More

Categories: CEQA, Environmental, Land Use

Tags: aesthetics, CEQA, design standards, El Dorado, fair argument, Georgetown Preservation Society, historic, Third Appellate

Protect Niles v. City of Fremont - Personal Observations May Support a CEQA "Fair Argument"

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Sean K. Hungerford

James I. Anderson

August 2018 A recent unpublished opinion by California’s First Appellate District highlights the risk that CEQA lead agencies face when they approve projects with potential visual or traffic impacts based on a negative declaration. In Protect Niles… Read More

Categories: Articles, CEQA, Environmental, Land Use, Mitigation

Tags: aesthetics, CEQA, development proposal, EIR, fair argument, lead agency, negative declaration, substantial evidence, traffic impacts

California Natural Resources Agency Releases Additional Proposed Revisions to CEQA Guidelines

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Sean K. Hungerford

July 2018 The California Natural Resources Agency has released another round of proposed revisions to the CEQA Guidelines. The draft changes to the guidelines were originally published in January 2018 and followed by public hearings in March 2018. Th… Read More

Categories: Articles, CEQA, Environmental, Land Use

Tags: Appendix G, CEQA, CEQA Guidelines, Natural Resources Agency

Firm Highlighted as Leader in Cannabis Permitting and Regulatory Compliance

Posted By:

Bradley B. Johnson

Harrison, Temblador, Hungerford & Johnson LLP has been recognized in a recent article by The Recorder (available here) as a leader in obtaining local cannabis land use entitlements and state licenses. The firm has applied its land use expertise t… Read More

Categories: Articles, CEQA, Environmental, Land Use, Marijuana

Tags: CalCannabis, cannabis, CEQA, emergency regulations, marijuana, MAUCRSA, state cannabis license

Court Holds That Stipulated Compliance Orders Do Not Require CEQA Review

Posted By:

Sean K. Hungerford

Coastal Environmental Rights Foundation v. County of San Diego (2017) Cal. App. Unpub. LEXIS 6988 In an unpublished decision of interest to quarry operators, California’s Fourth Appellate District held that San Diego County did not need to perform… Read More

Categories: Articles, CEQA, Environmental, Land Use, Mining

Tags: CEQA, compliance order, enforcement action, land use, mining

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