Against the backdrop of another severe drought, water supply and impact issues continue to be points of contention for water agencies, water users, conservation groups, and the state. And, of course, litigation over water is not limited to water rights and usage, but extends to related environmental review under CEQA. On September 22, 2021, the Third District Court of Appeal issued a published opinion in Central Delta Water Agency v. Department of Water Resources (2021) 69 Cal.App.5th 170, disposing of several consolidated cases and analyzing operation of the state’s massive State Water Project (SWP) through a CEQA lens. While the case does not break any new legal ground, it applies well-recognized CEQA principles to a lengthy and complex fact pattern involving multiple rounds of lengthy litigation, settlement, and EIR preparation.
Continue Reading Third District Affirms CEQA And Attorneys’ Fees Judgments In Favor Of Department Of Water Resources In Monterey Agreement And Amendment Litigation
Matthew C. Henderson
CEQA Regulatory Update: OPR Provides Further Guidance on VMT, Asks for Input on GHGs; Guidelines Revisions Now Effective
By Arthur F. Coon & Matthew C. Henderson on
Late last month the Governor’s Office of Planning and Research (OPR) released two documents of interest to CEQA practitioners. One is a discussion draft of a “CEQA and Climate Change Advisory.” The other is an update to its previous “Technical Advisory on Evaluating Transportation Impacts in CEQA.”
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Continue Reading CEQA Regulatory Update: OPR Provides Further Guidance on VMT, Asks for Input on GHGs; Guidelines Revisions Now Effective
2018 Year-End CEQA Round-Up
By Matthew C. Henderson & Arthur F. Coon on
Posted in Affordable Housing, CEQA Guidelines, Exemptions, Land Use, Legislation, Litigation, Reform, Water Supply
As we draw near the close of another year, a number of recent CEQA developments bear noting.
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Continue Reading 2018 Year-End CEQA Round-Up