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Can a Responsible Agency Impose Mitigation Measures Not Considered in the Lead Agency's EIR? | Perkins Coie - Vimarsana News

Can a Responsible Agency Impose Mitigation Measures Not Considered in the Lead Agency's EIR? | Perkins Coie

In Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board, No. A157127, 2020 WL 7706795 (Cal. Ct. App. Dec. 29, 2020), the court ruled that CEQA does not constrain an agency’s authority to enforce the laws it administers, including those authorizing imposition of mitigation requirements. The court held that, after an EIR for a project has been certified, a regional water quality control board, acting as a responsible agency, can impose mitigation on the project through waste discharge requirements issued under the Porter-Cologne Water Quality Control Ac...

Can a Responsible Agency Get A Second Bite At The CEQA Apple? First District Says "Sometimes, Yes," Upholds Regional Water Board's Imposition of Additional Mitigation On Flood Control Project Through "Independent" Porter-Cologne Act Authority Exercised Subsequent To Grant Of CWA § 401 Water Quality Certification Based On Lead Agency's Unchallenged Final EIR | Miller Starr Regalia - Vimarsana News

Can a Responsible Agency Get A Second Bite At The CEQA Apple? First District Says "Sometimes, Yes," Upholds Regional Water Board's Imposition of Additional Mitigation On Flood Control Project Through "Independent" Porter-Cologne Act Authority Exercised Subsequent To Grant Of CWA § 401 Water Quality Certification Based On Lead Agency's Unchallenged Final EIR | Miller Starr Regalia

To embed, copy and paste the code into your website or blog: In a published opinion filed December 29, 2020, the First District Court of Appeal affirmed a judgment denying a petition for writ of mandate filed by the Santa Clara Valley Water District (District) challenging waste discharge requirements (WDRs) belatedly imposed by a responsible agency, the San Francisco Bay Regional Water Quality Control Board (Board), on lead agency District’s flood control project.  Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board (2020) ___ Cal.App.5th ___.  The...

Housing and Environmental New Laws | Best Best & Krieger LLP - Vimarsana News

Housing and Environmental New Laws | Best Best & Krieger LLP

Beginning in January 2022, this measure requires local governments to include medium- to high-density housing for moderate and above moderate-income households in general plan regional housing elements. The purpose of this measure is to increase housing density for higher income earners to facilitate the construction of additional housing units. Specifically, in metropolitan but not unincorporated areas, a local government must identify 25 percent of its sites for moderate income and 25 percent of its sites for above moderate income to be allocated to sites zoned for at least four units of ho...

2020 CEQA Legislative Developments | Miller Starr Regalia - Vimarsana News

2020 CEQA Legislative Developments | Miller Starr Regalia

To embed, copy and paste the code into your website or blog: As we rapidly approach the end of a year of COVID-related challenges and uncertainties, CEQA practitioners may want to review the year’s key legislation impacting CEQA and its application, which was contained in the handful of bills summarized below. AB 168 (Aguilar-Curry). This urgency legislation became effective with the Governor’s signature on September 25, 2020.  It amends Government Code §§ 65400, 65913.4 and 65941.1 to correct an “oversight” in SB 35 (Weiner), namely, that 2017 law’s failure to consider potentia...

Law Restricting Judicial Review of Thermal Power Plant Licensing Decisions Ruled Unconstitutional | Perkins Coie - Vimarsana News

Law Restricting Judicial Review of Thermal Power Plant Licensing Decisions Ruled Unconstitutional | Perkins Coie

The First District Court of Appeal held that Public Resources Code section 22531 unconstitutionally restricted judicial review of licensing decisions by the Energy Resources...