On October 21, 2025, the California Chamber of Commerce (the “Chamber”) announced it had filed a voter initiative to modernize and streamline the review process for building the state’s most essential infrastructure projects. On November 25, 2025, the Chamber filed amendments to clarify and add further substance to the provisions of that proposed initiative measure, which is entitled the “Building an Affordable California Act” (“BACA”).  BACA would make numerous significant changes to the permitting and CEQA review processes for “Essential Projects,” which are defined therein as specific types of housing, water, clean energy, public health, education, broadband internet access, and transportation projects. In broad strokes, BACA would make five categories of changes to the various review processes for Essential Projects.

Continue Reading California Chamber of Commerce Advances Pioneering Initiative to Amend CEQA to Streamline Permitting and Construction of “Essential Projects”

The Governor’s Office of Land Use and Climate Innovation (“LCI”) has announced it is extending the public comment period through December 31, 2025, for a proposed rulemaking to increase the application fee for projects (excluding exempt housing projects) applying for judicial streamlining benefits under CEQA from $39,000 to $100,000.  Pursuant to LCI’s initial October 17, 2025 notice of the rulemaking, the public comment period would have closed on December 1, 2025.  LCI will not hold a public hearing on the proposed rulemaking unless an interested person requests the same at least 15 days prior to the close of the public comment period.

Continue Reading The Price of CEQA Judicial Streamlining Benefits Is Going Up:  Governor’s Office of Land Use and Climate Innovation Extends Public Comment Period On Proposal to Raise Application Fee for SB 7 (Leadership) and SB 149 (Infrastructure) Project Certifications to $100,000

As we approach the end of the month and the Thanksgiving holiday, without a new published CEQA precedent (yet, anyway) to write about, I thought I’d put together a brief “news roundup” of recent items that could be of interest to readers.

Continue Reading CEQA Roundup: November 2025

In a published opinion filed October 17, 2025, the Fourth District Court of Appeal (Div. 1) reversed the trial court’s judgment and directed it to grant a writ of mandate invalidating the City of San Diego’s (“City”) Supplemental EIR (“SEIR”) prepared for its second City-sponsored ballot measure to exclude the Midway-Pacific Highway Community Planning area (“MPH area”) from its Coastal Height Limit Overlay Zone, which generally limits building heights to 30 feet.  The Court held the SEIR violated CEQA because it failed to analyze potential significant environmental impacts of this significant plan update other than views and neighborhood character, omitting what it deemed required analysis of noise, air quality, biological resources, geological conditions, and other impacts, and improperly deferring analysis to future site-specific projects.  Save Our Access v. City of San Diego (2025) 115 Cal.App.5th 388.

Continue Reading High Rise Anxiety: Fourth District Holds San Diego’s Supplemental EIR for Second City Initiative to Update Midway-Pacific Community Plan Violated CEQA By Failing to Adequately Analyze Numerous Potential Impacts of Removing 30-foot Coastal Height Limit

In a published opinion filed October 17, 2025, the Third District Court of Appeal reversed the trial court’s preliminary injunction orders in five related actions prohibiting preconstruction geotechnical work to be undertaken by the Department of Water Resources (“DWR”) in connection with the Delta tunnel project (formally known as the “Delta Conveyance Project”). The Court of Appeal held the trial court erred in interpreting a provision of the Sacramento-San Joaquin Delta Reform Act of 2009 (the “Delta Reform Act” or “Act”; Wat. Code, §85000 et seq.), requiring state agencies to certify to the Delta Stewardship Council that “covered actions” (as statutorily defined) are consistent with the Delta Plan before implementing them. (the “certification of consistency” requirement; id., §85225). Specifically, it rejected plaintiffs’ arguments that the certification of consistency requirement “incorporated” CEQA’s “piecemealing” and “whole of an action” concepts so as to render the proposed preconstruction geotechnical work, which is not a “covered action,” inseparable from the relevant “covered action” – i.e., the Delta tunnel project – and thus unable to proceed absent a certification of consistency. Tulare Lake Basin Water Storage District, et al v. Department of Water Resources (2025) 115 Cal.App.5th 342. Finding plaintiffs had thus failed to demonstrate a reasonable probability of prevailing on the merits of their action, the Court of Appeal accordingly remanded the matters to the trial court with directions to vacate the preliminary injunction orders and reconsider plaintiffs’ motions in light of its conclusion that DWR was not required to submit a certificate of consistency to the Delta Stewardship Council before engaging in preconstruction geotechnical work.

Continue Reading Third District Holds CEQA’s “Whole of an Action” And “Piecemealing” Principles Do Not Apply to Delta Reform Act’s “Certification of Consistency” Requirement, Reverses Preliminary Injunctions Against Non-Implementation, Preconstruction Geotechnical Work for Delta Tunnel Project

On September 29, 2025, the Council on Environmental Quality (“CEQ”), a federal agency within the Office of the President, issued a 10-page memorandum directed to federal department and agency heads, providing guidance on implementation of the National Environmental Policy Act, (“NEPA”; 42. U.S.C. § 4321 et seq), the federal counterpart of CEQA.  That guidance, which can be found here, includes an overview of NEPA and its recent amendments, stressing – in line with recent U.S. Supreme Court authority – its nature as a “purely procedural” statute, and “provid[ing] guidance for federal agencies to use when establishing or revising their agency-specific NEPA implementing procedures.”  It was accompanied by a 23-page template to assist agencies in that endeavor.

Continue Reading CEQ Issues NEPA Implementation Guidance to Federal Agencies

On October 10, 2025, Governor Gavin Newsom signed SB 79, authored by Senator Scott Wiener, marking a landmark moment in California’s housing reform landscape. The new law represents Senator Wiener’s third major attempt to advance statewide legislation that upzones land near public transportation, i.e., rail, subway, rapid bus. After prior efforts such as SB 827 (2018) and SB 50 (2019-2020) faced strong opposition and ultimately failed, SB 79’s passage signifies a notable breakthrough in the state’s ongoing pursuit of transit-oriented housing policy.

Continue Reading Third Time’s a Charm: Governor Newsom Signs Senator Wiener’s Landmark SB 79 Legislation Into Law

On September 13, 2025, the Legislature passed Senate Bill 79 (“SB 79), authored by Senator Scott Wiener, representing one of the most important land use reforms of the 2025 legislative session, one that is aimed at accelerating housing production in areas served by public transit. Building on Senator Wiener’s record of advancing transit-oriented development (TOD) and housing legislation, and as discussed in greater detail below, SB 79 provides new zoning standards, height and density allowances, and streamlining measures that aim to reduce barriers to housing construction within proximity to rail, bus rapid transit, and other major transit stops.

Although the Governor has not yet taken action on SB 79 and it has garnered opposition from some municipalities due to its restrictions on local land use authority and control, the measure would appear to align squarely with Newsom’s broader housing agenda and policy priorities. The administration has emphasized the need for bold, statewide interventions to accelerate housing production, particularly in infill and transit-rich locations. SB 79’s combination of statewide TOD entitlements, affordability mandates, anti-displacement protections, and enforcement mechanisms would appear to fit directly within those goals.

Continue Reading California Legislature Enacts SB 79 Expanding Housing Opportunities Near Public Transit, Streamlining Transit-Oriented Development, and Providing For SB 35 Ministerial Approval Process That Would Avoid CEQA Review

In a lengthy and highly technical published opinion filed August 5, 2025, the Fifth District Court of Appeal partly reversed and partly affirmed a judgment that had upheld the State Water Resources Control Board’s (“State Water Board” or “SWRCB”) adoption of the “State Policy for Water Quality Control: Toxicity Provisions” (the “Toxicity Provisions”), which policy in relevant part required use of a new “Test of Significant Toxicity” (“TST”) in analyzing a type of pollution known as “whole effluent toxicity.”  Camarillo Sanitary District et al. v. State Water Resources Control Board (2025) 113 Cal.App.5th 407.

Continue Reading Fifth District Holds State Water Board’s Adoption of Regulations Requiring New Test for Whole Effluent Toxicity Violated Federal Clean Water Act Regulations Governing NPDES Permitting, But Not CEQA, APA or Porter Cologne

On June 30, 2025, Governor Newsom signed AB 130 and SB 131 into immediately effective law as budget trailer bills, marking a historic effort to accelerate housing production and to reform the CEQA review process that has been stifling housing and other essential projects across California. These landmark laws effect substantial changes intended to streamline the approval process for infill housing and essential infrastructure projects by establishing clearer timelines, reducing procedural hurdles, and expanding CEQA exemptions tailored to support sustainable development. While AB 130 largely focuses on improving and clarifying the entitlement process for housing projects, SB 131 adds CEQA exemptions and streamlining for a diverse set of projects and actions.

Continue Reading State Budget Bill Includes Landmark CEQA and Housing Law Changes