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
CEQ Issues NEPA Implementation Guidance to Federal Agencies
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
Third Time’s a Charm: Governor Newsom Signs Senator Wiener’s Landmark SB 79 Legislation Into Law
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
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
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
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
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
State Budget Bill Includes Landmark CEQA and Housing Law Changes
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
“Double Counting” or Redundant Mitigation? Second District Holds CEQA Guidelines’ Additionality Requirement Precludes Applying Upstream Energy or Fuel Providers’ Obligatory Cap-and-Trade Compliance To Offset Land Use Project’s Estimated GHG Emissions, Invalidates “Prejudicially Misleading” EIR For Massive LA County Centennial Project On That And Other Grounds
In a partially published 102-page opinion filed June 26, 2025, the Second District Court of Appeal (Div. 7) resolved cross-appeals by affirming the trial court’s judgment invalidating Los Angeles County’s 2019 EIR certification and project approvals for the Centennial Specific Plan, a 12,323-acre development on the historic Tejon Ranch in the County’s Antelope Valley Area south of Kern County. Center for Biological Diversity v. County of Los Angeles (Centennial Founders, LLC, et al., Real Parties in Interest) (2025) 112 Cal.App.5th 317. The Court of Appeal agreed with the trial court in all respects, holding the EIR’s GHG and off-site wildfire impacts analyses were deficient, while rejecting challenges to its analyses, discussion, and mitigation for wildlife movement corridors and native vegetation and to its alternatives analysis. (Per this blog’s standard practice, this post will discuss only the published portion of the opinion, which addressed only the GHG issues.)Continue Reading “Double Counting” or Redundant Mitigation? Second District Holds CEQA Guidelines’ Additionality Requirement Precludes Applying Upstream Energy or Fuel Providers’ Obligatory Cap-and-Trade Compliance To Offset Land Use Project’s Estimated GHG Emissions, Invalidates “Prejudicially Misleading” EIR For Massive LA County Centennial Project On That And Other Grounds
First District Affirms Judgment Dismissing CEQA Action Based On Petitioner’s Failure To Join Indispensable Real Party Developer Within Statute of Limitations Period
In an opinion filed May 14, and later ordered published on June 11, 2025, the First District Court of Appeal (Div. 3) affirmed a judgment dismissing a CEQA action challenging an approval for a City parking lot redevelopment/affordable housing project due to the Petitioner’s failure to timely join the necessary and indispensable real party developer of the project’s housing component. Citizens for a Better Eureka v. City of Eureka (Wiyot Tribe, Real Party in Interest) (2025) 111 Cal.App.5th 1114.Continue Reading First District Affirms Judgment Dismissing CEQA Action Based On Petitioner’s Failure To Join Indispensable Real Party Developer Within Statute of Limitations Period
Third District Holds County Could Require Supplemental Environmental Information From Grading Permit Applicant As Condition of Application Completeness Determination Where Permit Submittal Checklist Alerted Applicant CEQA Compliance Would Be Required
Like a gift to land use lawyers that never stops giving, the strange and wondrous interrelationship between CEQA and the Permit Streamlining Act (“PSA”; Gov. Code, § 65920 et seq) continues to inspire litigation and require judicial explication. In a terse 8-page published opinion filed May 30, 2025, the Third District Court of Appeal explained the finer points of the rules governing PSA-required permit submittal checklists and completeness determinations and how they interact with CEQA when the latter applies to the permit at issue. Old Golden Oaks LLC v. County of Amador (2025) 111 Cal.App.5th 794. (And, it can be noted, CEQA should virtually always apply to “development projects” subject to the PSA, which do not include ministerial projects. (Gov. Code § 65928).)Continue Reading Third District Holds County Could Require Supplemental Environmental Information From Grading Permit Applicant As Condition of Application Completeness Determination Where Permit Submittal Checklist Alerted Applicant CEQA Compliance Would Be Required
Senator Wiener and Assembly member Wicks Applaud Governor Newsom’s Support of Their CEQA Reform Bills
On May 14, 2025, Senator Scott Wiener issued a press release stating that, on that morning, “Governor Gavin Newsom announced that he supports the strongest ever reforms of [CEQA],” referring to Newsom’s proposal to include in the budget both Wiener’s SB 607 (which proposes several significant reforms to reduce CEQA abuse, and which I previously blogged on in this March 4, 2025 post) and Wicks’ AB 609 (which proposes a broad CEQA exemption for infill housing projects). Senator Wiener’s release also mentions the California Assembly Select Committee on Permitting Reform Final Report, authored by Wicks, which I also blogged on in this March 17, 2025 post. The full text of Senator Wiener’s press release, which contains both his and Wicks’ statements, along with summaries of their bills, is well worth a read by those interested in CEQA and permitting reform, and can be found here.Continue Reading Senator Wiener and Assembly member Wicks Applaud Governor Newsom’s Support of Their CEQA Reform Bills