High Court Faces Tough Deferred Issues on CEQA Docket
publication date: Sep 20, 2015
The California Supreme Court is finally catching up on its backlog of cases interpreting the California Environmental Quality Act (CEQA). Recently the justices moved along two cases related to the law's climate change implications. The bottom line, however, is that the list is getting longer. The court now has eight CEQA cases pending on issues ranging from how CEQA must account for climate change to whether the law is pre-empted by federal railroad regulation.
The justices heard arguments September 2 on the leading Newhall Ranch case, emphasizing greenhouse gas reduction standards. They've also just scheduled oral argument for October 7 on the "CEQA in Reverse" case, which addresses whether developers must consider the impact of environmental conditions on a project, as well as vice versa.
This is a big change from a year ago. Shorthanded from two retirements, the court had a docket full of big lurking environmental review issues with grants of review dating as far back as 2012. Last year, not counting denials of review, the justices issued one big CEQA opinion in the whole year: Tuolumne Jobs & Small Business Alliance, an August 2014 decision allowing the use of ballot measure petitions to pressure local governments into adopting large projects. (See CP&DR coverage here.) >>read more