By Leslie Z. Walker, Cori Badgley, Katherine J. Hart and William W. Abbott
True to our standard annual mid-year update format, we are providing you with condensed summaries of each of the CEQA cases issued this year. The condensed case summaries are organized based upon the major CEQA issues discussed, and linked to the full length articles published earlier this year on our blog. To print this summary with all the articles attached, click here.
Highlights for this update include the three firsts on the climate change front: (1) adoption of CEQA guidelines for the quantification and mitigation of greenhouse gas emissions (“GHG”), (2) the adoption of the first thresholds of significance for GHG, and (3) the first appellate court case finding an Environmental Impact Report’s (“EIR”) analysis of GHG inadequate. Also in the first half of this year, the California Supreme Court opined that air impacts are to be measured against existing physical conditions not existing permitted levels of emissions. Further, Notices of Determination and Notices of Exemption trigger shortened statutes of limitations, despite any underlying errors, so long as they serve public notice purposes. For more details, read below and stay posted for the second half of the year.