The California Supreme Court provided needed clarification to some aspects of the operation of CEQA’s “subsequent review” rules (Pub. Resources Code, § 21166; CEQA Guidelines, § 15162) in its highly anticipated opinion, filed on September 9, 2016, in Friends of the College of San Mateo Gardens v. San Mateo County Community College District (2016) ___ Cal.5th ___, 2016 WL 4978435.
Phase I of the Desert Renewable Energy Conservation Plan (DRECP) has now been approved, paving the way for streamlined permitting and environmental review of qualified renewable energy projects on Bureau of Land Management (BLM)-administered lands in the Mojave and Colorado/Sonoran desert regions of Southern California.
On September 22, 2016, the U.S. Fish and Wildlife Service proposed to list the rusty patched bumble bee (Bombus affinis) as an endangered species under the Endangered Species Act.
California Supreme Court Rejects “New Project Test” and Defers to Agencies On Whether Project Modifications Require Subsequent Environmental Review
On September 19, in a long-awaited and unanimous decision, the California Supreme Court issued its decision in Friends of the College of San Mateo Gardens v. San Mateo County Community College District.
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).
EPA Researches How Sunscreens Containing Engineered Nanomaterials Might Change When Exposed to Chemicals in Pool Water
An August 15, 2016, U.S. Environmental Protection Agency (EPA) blog item describes EPA’s research on sunscreens containing engineered nanomaterials and how they might change when exposed to chemicals in pool water.
On September 15, 2016, the U.S. Fish and Wildlife Service (USFWS) proposed to list as threatened the San Fernando Valley spineflower (Chorizanthe parryi var. fernandina), a plant species native to Southern California, under the Endangered Species Act.
The FAA has gotten closer to a conceptual model for the safety management system requirements and standards that will be required for certified airports.
Under EPA’s revised Regional Consistency regulations (codified in 40 C.F.R. Part 56) , sources located in different parts of the country may be subject to a different “single source” aggregation test or other Clean Air Act policies based on decisions of the federal courts with local jurisdiction.
Neither CEQA Administrative Record Preparation Statute nor Case Law Precludes Award of Costs to Prevailing Real Party Who Reimburses Lead Agency Its Costs of Record Preparation
In the published portion of an opinion filed September 12, 2016, the Fifth District Court of Appeal reversed the trial court’s order taxing costs in the amount of $44,889.71 which were claimed by prevailing real party in interest Wal-Mart in connection with preparation of the administrative record.