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Association of Environmental Professionals - Event Information
Case Law Update
San Francisco Chapter Webinar
This case law update is designed to help consultants, regulators, applicants, and industry professionals stay current on legal trends and key topics affecting the application of CEQA law and guidelines.
Jim Moose of Remy Moose Manley LLP will summarize the holdings and messages of all 2020 CEQA cases, which involve the following topics, among many others: (i) when enrollment increases on a University of California campus can trigger environmental review; (ii) new California Supreme Court guidance on the difference between ministerial and discretionary approvals; (iii) the application of the fair argument standard to cultural resource and biological resource issues; (iv) guidance on the adequacy of mitigation measures and the distinction between general goals and performance standards; (v) new guidance on noise analysis; (vi) one court’s view that agricultural conservation easements do not really mitigate impacts; (vii) guidance regarding how to formulate legally defensible greenhouse gas offsets; (viii) when responsible agencies can impose mitigation measures not set forth in a lead agency’s CEQA document; (ix) why a lead agency may not need to undertake supplemental review in filing of an application for a responsible agency approval; (x) why it is possible to prepare an addendum to the “wrong EIR”; and (xi) why agencies now need to preserve project-related emails while a CEQA process is ongoing and CEQA litigation is possible.
A 1985 graduate of the Boalt Hall School of Law (now called Berkeley Law), Jim Moose has practiced law for over 35 years, with a focus on advising public and private clients with respect to issues arising under the California Environmental Act (CEQA), the Planning and Zoning Law, and various other state and federal environmental laws. He not only advises clients during the administrative process, but also represents them in court. He has been involved in litigation resulting in numerous significant CEQA precedents in the Courts of Appeal and California Supreme Court. He is co-author of Guide to the California Environmental Quality Act, a respected legal treatise frequently cited by the appellate courts. He has also participated in drafting amendments to CEQA and the CEQA Guidelines.