The Impact Report Archives

Appellate Court Validates Aggregation Approach to Cumulative Impact Analysis

Appellate Court Validates Aggregation Approach to Cumulative Impact Analysis
May 2009. This article discusses the!direction of the Federal Appellate Court to allow federal agencies to consider “past  actions” in an aggregate manner, as opposed to providing detailed and catalogued information, in evaluating  cumulative impacts.

CEQA Findings Can Make or Break a Project

CEQA Findings Can Make or Break a Project
August 2009. Over the past few years, project opponents have begun to focus their litigation on the findings adopted by agencies under the California Environmental Quality Act (CEQA). Specifically, litigants are pointing to the alleged failure of the lead agency to adequately dismiss project alternatives. These cases point out the importance of preparing solidly defensible findings when approving a project on the basis of an EIR.

Discussion of Frequently Asked Questions about SB375

Discussion of Frequently Asked Questions about SB375
May 2009. This article summarizes how California Senate Bill (SB) 375 affects cities and counties throughout the state, and discusses frequently asked questions about SB375.

Green Building Funding and the American Reinvestment and Recovery Act

Green Building Funding and the American Reinvestment and Recovery Act
August 2009. With the enactment of the American Reinvestment and Recovery Act in early 2009, the federal government embarked on a massive effort to put jobs back into the struggling economy. This article highlights several provisions in the Recovery Act that present opportunities for green building.

Keeping Page Counts Manageable in Environmental Documents

Keeping Page Counts Manageable in Environmental Documents
August 2009. The National Environmental Policy Act (NEPA) and many state “mini-NEPAs,” such as the California Environmental Quality Act (CEQA), require detailed and often highly technical studies to document that potential impacts on the environment have been considered prior to approving a project. NEPA and CEQA regulations recommend page limits for these environmental compliance documents, but the limits are often not observed, resulting in long, cumbersome documents. This article presents five practical ways in which document preparers can shorten their documents and thereby save time and money.

Local Agencies Collaborate in Response to AB 2270

Local Agencies Collaborate in Response to AB 2270
May 2009. This article discusses Assembly Bill 2270’s focus on the effects on water quality of self-regenerating water softeners, and details a successful collaboration between two local government agencies to help solve salt-related water problems.

Summary of CEQ's First Two Status Reports to Congress on NEPA Compliance for Economic Recovery Projects

Summary of CEQ's First Two Status Reports to Congress on NEPA Compliance for Economic Recovery Projects
August 2009. Section 1609 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) requires that the President report to Congress on the status of Recovery Act-funded projects and activities that deal with compliance with the National Environmental Policy Act (NEPA). Two such quarterly reports have been submitted. This article summarizes and assesses the results of the first and second quarterly status reports.

Summary of Revised Guidance on Traditionally Navigable Waters, Adjacent Wetlands, and Tributaries

Summary of Revised Guidance on Traditionally Navigable Waters, Adjacent Wetlands, and Tributaries
May 2009. This article summarizes the revised guidance jointly issued by the U.S. Army Corps of Engineers (USACE) and U.S. Environmental Protection Agency (EPA) on clarifying traditionally navigable waters (TNWs), adjacent wetlands, and tributaries (available here).

The Impact Report - September 2009

The Impact Report - September 2009
September 2009. Stay up to date on the latest developments in environmental and planning law and regulation through our quarterly newsletter The Impact Report. In comprehensive articles, our author-experts review regulatory developments, summarize agency guidance, discuss court decisions, and offer expert opinion on real-life application of this information. Keep current with us through The Impact Report.

The Impact Report is an ICF Jones & Stokes quarterly publication and is available through subscription and on our website at icfi.com/impactreport. The authors, all experts in their fields, are available to answer questions about the subjects covered in the articles.
Contact information follows each article.

The Impact Report - May 09

The Impact Report - May 09
May 2009. Stay up to date on the latest developments in environmental and planning law and regulation through our quarterly newsletter The Impact Report. In comprehensive articles, our author-experts review regulatory developments, summarize agency guidance, discuss court decisions, and offer expert opinion on real-life application of this information. Keep current with us through The Impact Report.

The Impact Report is an ICF Jones & Stokes quarterly publication and is available through subscription and on our website at icfi.com/impactreport. The authors, all experts in their fields, are available to answer questions about the subjects covered in the articles. Contact information follows each article.

A New Era for Regional Planning in California: A Look at Senate Bill 375

A New Era for Regional Planning in California: A Look at Senate Bill 375
November 2008. On September 30, 2009, Governor Schwarzenegger signed into law Senate Bill 375 (Steinberg; Chapter 728, Statutes of 2008) which ushers in a new era for regional planning in California. Senate Bill (SB) 375 is an ambitious bill that combines regional transportation planning with sustainability strategies in order to reduce greenhouse gas (GHG) emissions in California's urbanized areas. It also establishes new streamlining opportunities for compatible projects under the California Environmental Quality Act (CEQA). The result of 2 years of intensive negotiations among business, development, housing, and environmental groups, this legislation represents a delicately balanced and complex set of compromises. This article summarizes the main provisions of the bill.

Addressing Water Supply in CEQA Documents: Coping with Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova

Addressing Water Supply in CEQA Documents: Coping with Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova
January 2008. Earlier this year, in Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova (40 Cal. 4th 412), the California Supreme Court spelled out new principles regarding how agencies should evaluate water supply impacts for land development projects. Specifically, the court ruled that the City’s evaluation of short-term water supply for a large land development project was adequate, but that the evaluation of long-term water supply was inadequate. The court also found that new information about the effects of groundwater withdrawals on steelhead trout and Chinook salmon in a nearby river warranted recirculation of the EIR. The lessons learned in this decision should provide useful guidance as agencies throughout California cope with the difficult task of balancing land development and water supply in the context of CEQA.

CEQA Legislation for 2007

CEQA Legislation for 2007
January 2008. In 2007, several CEQA-related bills were introduced in the Legislature; three bills that amend CEQA were signed by the Governor. Most of the bills introduced, however, did not receive legislative approval and are being held over as "two year bills." The Legislature may choose to hear these bills again when it reconvenes in 2008.

Climate Change and CEQA in 2007: Lots of Heat, but Only a Little Light

Climate Change and CEQA in 2007: Lots of Heat, but Only a Little Light
January 2008. In the January 2007 edition of The Impact Report, Terry Rivasplata reviewed the passage of the California Global Warming Solutions Act of 2006 (AB 32) and asked "Does it Herald Major Challenges for CEQA?" The answer in 2007 was a resounding "Yes!" However, there is still a lack of consensus amongst CEQA practitioners on how to address climate change in CEQA documents, and the ultimate efficacy of the various approaches is still unknown.

Corps of Engineers Issues Regulatory Guidance Letter 08-02 on Jurisdictional Determinations

Corps of Engineers Issues Regulatory Guidance Letter 08-02 on Jurisdictional Determinations
November 2008. On June 26, 2008, the U.S. Army Corps of Engineers (Corps) released Regulatory Guidance Letter (RGL) No. 08-02, which provides information on the subject of approved and preliminary jurisdictional determinations (JDs) for Section 404 of the Clean Water Act and Sections 9 and 10 of the Rivers and Harbors Act. RGL No. 08-02 is intended to clarify differences between an "approved" JD and a "preliminary" JD when the Corps is evaluating whether it has jurisdiction for wetland delineation reports and permitting processes. This RGL has also been referred to as the "opt-in" or "conceding jurisdiction" RGL because the guidance clarifies the suitability for use of both JD types, and it may save time in the Corps' reviewing and permitting process. This article summarizes the main differences between approved and preliminary JDs and provides guidance on appropriate timing for their use.

Evaluating Greenhouse Gases and Climate Change Impacts under NEPA: Ten Steps to Taking a Hard Look

Evaluating Greenhouse Gases and Climate Change Impacts under NEPA: Ten Steps to Taking a Hard Look
November 2008. The National Environmental Policy Act (NEPA) requires federal agencies to take a hard look at the environmental consequences of their proposed actions; however, many agencies are preparing NEPA documents with little or no analysis of greenhouse gas emissions (GHG) or the impacts of global climate change. As policy makers continue to debate how agencies should address GHG emissions and climate change impacts under NEPA, lead agencies cannot afford to wait for answers. This paper briefly explains why GHG/climate change impacts must be evaluated under NEPA and includes a recommended ten-step approach for minimizing the risk of legal jeopardy.

OPR Issues Interim Guidance on How to Address Climate Change under CEQA

OPR Issues Interim Guidance on How to Address Climate Change under CEQA
November 2008. The California Governor's Office of Planning and Research (OPR) has issued a Technical Advisory memorandum providing interim guidance on how lead agencies should address greenhouse gas (GHG) emissions and climate change impacts in CEQA documents. The advisory, entitled "CEQA and Climate Change: Addressing Climate Change through California Environmental Quality Act (CEQA) Review" provides OPR’s current perspectives on this important and rapidly evolving topic. The advisory, which is available at OPR's web site, will serve as provisional guidance until the Resources Agency adopts formal amendments to the State CEQA Guidelines in early 2010.

Summary of Guidance Related to the U.S. Supreme Court Decisions from Rapanos and Carabell

Summary of Guidance Related to the U.S. Supreme Court Decisions from Rapanos and Carabell
January 2008. The following describes issues related to the U.S. Supreme Court consolidated decisions in the Rapanos and Carabell cases. They both focus on the extent of the U.S. Army Corps of Engineer's (USACE's) jurisdiction under Section 404 of the Clean Water Act. Section 404 requires that a permit be obtained from USACE for discharges of dredged or fill material into waters of the United States. The U.S. Environmental Protection Agency (EPA) has oversight authority on Section 404 of the Clean Water Act.

The 2007 Amendments to the State California Environmental Quality Act Guidelines

The 2007 Amendments to the State California Environmental Quality Act Guidelines
January 2008. In July 2007, the Resources Agency adopted revisions to the CEQA Guidelines that make the Guidelines consistent with a number of changes to CEQA law that have been enacted over the past few years. Several obsolete sections were updated and one section was repealed that no longer reflected existing law.

AB 32—California's Landmark Global Warming Bill

AB 32—California's Landmark Global Warming Bill
January 2007. AB 32, California's landmark global warming bill, will require the state Air Resources Board (ARB) to adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with that program. As part of this effort, ARB will adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions levels in 1990, to be achieved by 2020. The ARB will adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions. These are expected to include market-based compliance mechanisms. The statute would further require the ARB to monitor compliance with and enforce any rule, regulation, order, emission limitation, emissions reduction measure, or market-based compliance mechanism that it adopts.

Army Corps of Engineers Issues Regional Supplement to the Wetland Delineation Manual

Army Corps of Engineers Issues Regional Supplement to the Wetland Delineation Manual
January 2007. On December 22, 2006, the U.S. Army Corps of Engineers (USACE) announced the publication and trial implementation of the Arid West Interim Regional Supplement to the 1987 Wetland Delineation Manual.

New Bill Changes DFG Environmental Review Fees and Eliminates the de minimis Finding

New Bill Changes DFG Environmental Review Fees and Eliminates the de minimis Finding

January 2007. SB 1535 made changes to Department of Fish and Game Environmental Review Fees1, and also eliminated the reference to a project deemed by the lead agency to be de minimis—having a very small effect—on fish and wildlife, replacing it with no effect.

Roundup of CEQA Litigation for 2006

Roundup of CEQA Litigation for 2006
January 2007. Roundup of CEQA Litigation for 2006

U.S. Forest Service Categorically Excludes Forest Plans from NEPA

U.S. Forest Service Categorically Excludes Forest Plans from NEPA
January 2007. The Bush Administration, through the Department of Agriculture and U.S. Forest Service (USFS), has issued a Final Directive that categorically excludes the adoption, amendment, and revision of national forest land management plans from environmental review under the National Environmental Policy Act (NEPA). The new directive was announced in the Federal Register in mid-December and is reflected in revisions to the USFS’s Handbook (71 Fed. Reg. 241, December 15, 2006; FSH 1909.15). Prior to this rule, to comply with NEPA the USFS typically prepared a programmatic environmental impact statement (EIS) parallel to the development of the forest management plan to comply with NEPA. Such an EIS typically evaluates impacts within a broad geographic area and compares policy-level alternatives.

Congressional Task Force Recommends Changes to NEPA

Congressional Task Force Recommends Changes to NEPA
January 2006.

Summary of 2005 CEQA Court Cases

Summary of 2005 CEQA Court Cases
January 2006.

Summer Update of 2006 CEQA Bills

Summer Update of 2006 CEQA Bills
June 2006. This is the second year of the Legislature's 2005-2006 session. Here are the CEQA-related bills that are active as of June 2, 2006. The first bills on this list are those that are still active. The second part of the list summarizes the bills that failed to move out of their house of origin by the June 2, 2006 legislative deadline. Those bills are effectively dead. For more information about any of these bills, visit the Legislative Counsel's website at: http://www.leginfo.ca.gov/bilinfo.html.

U.S. Army Corps and EPA Propose New Regulations for Wetland Mitigation

U.S. Army Corps and EPA Propose New Regulations for Wetland Mitigation
Since the late 1970s, the U.S. Army Corps of Engineers (USACE) has been requiring mitigation for impacts to wetlands and other waters of the United States through its permitting program. Over the years, the Corps and U.S. Environmental Protection Agency, which oversees the Corps’ administration of Section 404 of the Clean Water Act, developed a number of mitigation policies and guidance documents for the 38 Corps district offices that actually issue the  permits.
     
Recently, the effectiveness of the Corps' national mitigation policies has come under considerable scrutiny

2005 CEQA Legislation: What was Signed, Vetoed, and Will be Alive in 2006

2005 CEQA Legislation: What was Signed, Vetoed, and Will be Alive in 2006
November 2005.

Kelo v. City of New London: Good Planning may be the "Silver Lining"

Kelo v. City of New London: Good Planning may be the "Silver Lining"
November 2005.

Oregon's Measure 37 Declared Unconstitutional: What will it mean for the future if the State's Planning Program

Oregon's Measure 37 Declared Unconstitutional: What will it mean for the future if the State's Planning Program
November 2005.

Oregon's Measure 37: Can it Happen in California?

Oregon's Measure 37: Can it Happen in California?
November 2005.

US Department of Transportation Issues Interim Guidance on Environemental Provisions of Federal Transportation Bill (SAFETEA-LU)

US Department of Transportation Issues Interim Guidance on Environemental Provisions of Federal Transportation Bill (SAFETEA-LU)
November 2005.