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On May 29, 2025, the United States Supreme Court unanimously pruned back what they deemed decades-long overgrowth of the National Environmental Policy Act (NEPA). Justice Kavanaugh, writing the majority opinion, asserted that NEPA, “a 1970 legislative acorn[,] has grown over the years into a judicial oak that has hindered infrastructure development ‘under the guise’ of just a little more process.” Seven County Infrastructure Coalition v. Eagle County, Colorado, 605 U.S. 1, 13 (2025). In Seven County, petitioners challenged the U.S…

Assembly Bill 2904 (AB 2904), authored by Assemblymember Quirk-Silva and effective as of January 1, 2025, amends Government Code Section 65854 to modify the notice requirements for public hearings concerning proposed zoning ordinances and amendments that affects the permitted uses of real property. The bill extends the minimum notice period from ten (10) days to twenty (20) days. Although AB 2904 does not define what types of zone changes would affect permitted uses of real property, it likely includes, but…

Over the opposition of local governments, environmental organizations, and developers, Governor Newsom signed AB 98 on September 29, 2024. The new law imposes development standards for certain logistics developments, requires municipalities to update circulation elements to include truck routes, and, in San Bernardino and Riverside Counties, requires the South Coast Air Quality Management District to collect air pollution data near logistic use developments. The requirements of AB 98 do not apply to a logistics project, conversion to logistics use, or…

The Environmental Protection Agency (EPA) has taken a slew of actions over the last month to directly address per- and polyfluoroalkyl substances (PFAS). PFAS are manufactured chemicals that have been used in industry and consumer products since the 1940s. PFAS are used in a myriad of products, including, among others, stain or water repellant products, non-stick products, food packaging, fire extinguishing foam, and chrome plating. Exposure to PFAS has been linked to several health impacts, including cancers, impacts to the…

On December 20, 2023, the California Supreme Court denied a petition for review of Tsakopoulos Investments, LLC v. County of Sacramento (2023) 95 Cal.App.5th 280, which upheld the County of Sacramento’s greenhouse gas (GHG) CEQA thresholds. In Tsakopoulos, the County of Sacramento certified an Environmental Impact Report (EIR) that analyzed impacts of development of a mixed use project known as Mather South that includes about 3,500 residential units, schools, retail, R&D, parks and 157 acres of open space.  The County had developed GHG…