May 2014

Earlier this month, I posted an entry regarding the latest legislative effort at meaningful CEQA reform.  See New CEQA Reform Bill (SB 1451) Proposes Positive Changes That Would Reduce “Late Hit” Document Dumps and Extend Indefinitely Current Standing Requirements For After-Formed Organization Plaintiffs, by Arthur F. Coon, posted May 1, 2014.  I was genuinely enthused about SB 1451’s content and its prospects, thoughts I shared at length with a Daily Journal reporter who contacted me shortly after my post in connection with a story she was writing on the proposed law.

Unfortunately, the prospect of meaningful legislative CEQA reform offered by SB 1451 was short-lived.  Less than a week after my post, the bill’s author, Senator Hill, requested cancellation of a May 6 hearing on the bill that had been set before the Senate Committee on the Judiciary.  My Daily Journal reporter contact tabled her story; for all intents and purposes, it appears that SB 1451 is “dead in the water.”  A contact in the environmental consulting industry relates that a trusted source has advised that political pressure from organized labor interests killed the bill.  This outcome is certainly not surprising, but it is nonetheless disappointing to proponents of meaningful and common-sense CEQA reform.Continue Reading CEQA “Late Hit” Reform Bill (SB 1451) Is Withdrawn By Author

It’s that time of year again – business mixers, the Giants in first place in the NL west, the school year winding down, the NBA and NHL playoffs in full swing, coastal whale migrations, California bursting with beautiful weather, flora and fauna … and, of course, the Spring CEQA roundup!  So here goes the latest potpourri of CEQA developments, big and small:

*           New Rules of Court address Environmental Leadership development project litigation.  On April 25, 2014, and as required by 2013 legislation (SB 743) the Judicial Council adopted new Rules of Court governing and aimed at significantly expediting litigation of CEQA challenges to a select class of “green” mega’ projects, i.e., those certified by the Governor as “environmental leadership development projects.”  The ambitious new rules, which seek to shave years off the litigation timeline for CEQA suits challenging such projects, will become effective July 1, 2014.  They consist of the adoption of Cal. Rules of Court, rules 3.1365, 3.2200, 3.2220-3.2237, 8.700-8.705; renumbering and amendment of rules 3.1366 and 3.1367 as rules 3.2206 and 3.2207; renumbering of rules 3.1365 and 3.1368 as rules 3.2205 and 3.2208; amendment of rule 8.104; and repeal of rule 8.497.Continue Reading Spring 2014 CEQA Roundup

A CEQA reform bill (SB 1451) introduced and authored by seven (7) Democrats (Senators Correa, Galgiani, Hill, Hueso, Roth, and Steinberg, and Assembly Member Mullin) would amend Public Resources Code § 21177 to heighten standing requirements for CEQA plaintiffs by requiring them to raise issues of alleged CEQA noncompliance much earlier in the administrative process to avoid forfeiting the right to later sue on such issues.
Continue Reading New CEQA Standing Reform Bill (SB 1451) Proposes Positive Changes That Would Reduce “Late Hit” Document Dumps And Extend Indefinitely Current Standing Requirements For After-Formed Organization Plaintiffs