The Agency Is Looking to Sackett v. EPA for a More ‘Durable’ Definition -
From Obama to Trump to Biden, each of the last three administrations has directed the United States Environmental Protection Agency (“EPA”) to...more
When the Supreme Court issued its decision in City & County of San Francisco v. EPA on March 4, 2025, it may have saved San Francisco $10 billion dollars in penalties sought by the United States Environmental Protection...more
Under SB 1243, attorneys, architects, engineers, planners, political consultants, and other “agents” are absolutely barred from making political contributions to elected and appointed officials while a decision is pending and...more
On Jan. 23, 2025, California Assemblymember Dawn Addis (D-Morro Bay) introduced Assembly Bill (AB) 303, titled the “Battery Energy Safety and Accountability Act.” Broadly, AB 303, would impose siting restrictions on battery...more
Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to...more
On Aug. 28–29, 2024, approximately 50 people gathered at the University of California San Diego Extension to learn about the California State Water Resources Control Board’s (State Water Board) reissuance of the Construction...more
Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to...more
Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to...more
It has been a busy month for federal developments concerning per- and polyfluoroalkyl substances (“PFAS”). On April 19, the U.S. Environmental Protection Agency (“EPA”) made headlines again, announcing the prepublication...more
The Sheetz v. County of El Dorado decision will create uncertainty in California, Arizona, Nevada, Colorado and many other states as cities, counties, developers and property owners reexamine whether existing impact fee...more
4/18/2024
/ Building Permits ,
Constitutional Challenges ,
Construction Project ,
Fifth Amendment ,
George Sheetz v County of El Dorado ,
Impact Fees ,
Property Owners ,
Real Estate Development ,
SCOTUS ,
Takings Clause ,
Traffic Impact Assessments
On Feb. 8, 2024, the U.S. Environmental Protection Agency (“EPA”) released two proposed rules addressing per- and polyfluoroalkyl substances (“PFAS”) under the Resource Conservation and Recovery Act (“RCRA”). One proposed...more
Several modest amendments to CEQA took effect on Jan. 1, 2024. Our CEQA News You Can Use team summarized a few of changes to keep in mind in the new year....more
Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to...more
On Nov. 13, 2023, the U.S. Environmental Protection Agency’s (“EPA”) final rule went into effect requiring companies to report the manufacture or import of per- and poly- fluoroalkyl substances (“PFAS”), also known as...more
12/19/2023
/ CERCLA ,
Contamination ,
Drinking Water ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
Recent Legislation Amending the Surplus Lands Act Provides Clarity and Additional Flexibility to Public Agencies -
Recently, Gov. Gavin Newsom signed Senate Bill 747 and Assembly Bill 480 into law to make common-sense...more
Yesterday, Gov. Gavin Newsom signed SB 4, the Affordable Housing on Faith and Higher Education Lands Act of 2023, a highly anticipated bill to streamline affordable housing on land owned by religious institutions and...more
Imagine it’s August 2024 and you just got the dreaded news from a colleague that a government agency suspects that there are hazardous substances on a new property your company just bought. Even worse, your colleague just...more
On Aug. 29, 2023, the Biden administration issued a prepublication version of yet another final Clean Water Act rule (“Conforming Rule”) revising the definition of “waters of the United States” (“WOTUS”) in response to the...more
9/1/2023
/ Biden Administration ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to...more
Noisy college students, the new CEQA impact? Would you be surprised to learn that college students can throw noisy parties? Uh, no, but it may be a surprise that they constitute a potentially significant environmental impact...more
Water recycling is a high priority for California—a critical water supply in a state still burdened by massive drought—but the considerations a city or water agency must contend with in navigating decisions on water supply...more
Supporters of the Yes In God’s Back Yard (YIGBY) movement made a joyful noise this week when California State Sen. Scott Wiener (D-San Francisco) announced that he was reintroducing legislation to allow by-right development...more
The highly anticipated emergency regulations describe how the direct permitting process will work under AB 205 -
The California Energy Commission (“CEC”) recently finalized its highly anticipated emergency regulations...more
California Gov. Gavin Newsom has vetoed AB 2247, which would have required registration of all goods containing perfluoroalkyl and polyfluoroalkyl substances (PFAS), but signed AB 2771 and AB 1817, which will restrict...more
In a continuing effort to address concerns surrounding consumer goods containing perfluoroalkyl and polyfluoroalkyl substances (PFAS), a broad class of chemicals commonly referred to as “forever chemicals,” the California...more