Bay area air district significance thresholds reinstated
By Norman F Carlin and Alina J Fortson
A new appellate decision reinstates the Bay Area Air Quality Management District’s controversial ‘significance thresholds’ for evaluating air quality impacts under the California Environmental Quality Act. Reversing the trial court, the court of appeal found that adoption of thresholds for CEQA review was not a ‘project’ itself subject to CEQA review, and rejected claims that the thresholds were unsupported and would have adverse environmental side-effects by discouraging high-density development and promoting suburban sprawl.
The California Environmental Quality Act (CEQA) requires that agencies analyse the potentially significant environmental impacts of proposed projects prior to approval, and that they identify and implement feasible mitigation measures or alternatives to avoid or reduce such impacts.
A ‘significance threshold’ is the level at which an impact is determined to be significant, triggering mitigation, and also determines the level at which mitigation is effective in reducing the impact beneath the threshold…
If you are registered and logged in to the site, click on the link below to read the rest of the Pillsbury briefing. If not, please register or sign in with your details below.
News from Pillsbury Winthrop Shaw Pittman
News from The Lawyer
Briefings from Pillsbury Winthrop Shaw Pittman
Mexico’s new energy legislation will completely restructure the Mexican energy sector, including both hydrocarbons and electricity.
The Supreme Court has held that plaintiff stockholders, who make a showing of good cause, can inspect documents concerning a corporation’s internal investigation.