The Sohagi Law Group
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Publications/Papers


New Papers Presented by Margaret Sohagi

 
League Case Summaries for Land Use CEQA Litigation Update
 
Supplemental League Case Summaries for Land Use CEQA Litigation Update
 
 
New Paper by Al Herson

 
Herson, A. CEQA Agricultural Land Preservation: Is Offsite Preservation a Feasible Mitigation Measure? California Environmental Law Reporter, 11(4):165. April 2011.
 
 
New Paper by Nicole Hoeksma Gordon and Al Herson

 
Gordon, Nicole Hoeksma and Herson, A. Demystifying CEQA's Cumulative Impact Analysis Requirements: Guidance for Defensible EIR Evaluation. California Environmental Law Reporter.
 
 
SB 97 Greenhouse Gas CEQA Guidelines Amendments

 
On December 30, 2009, the Natural Resources Agency adopted CEQA Guidelines amendments for analysis of greenhouse gases (GHGs) required by SB 97 of 2007 (Public Resources Code §21083.05). The amendments become effective when they are approved by the Office of Administrative Law (OAL); OAL approval is expected in March 2010. The full text of the amendments and supporting Statement of Reasons can be found at this site (accessed January 17, 2010): http://ceres.ca.gov/ceqa/guidelines/.
 
In summary, the SB 97 CEQA Guidelines amendments provide useful guidance for addressing GHG impacts in CEQA documents, but they did not go as far as some stakeholders had wished. They emphasize procedures for tiering and streamlining GHG impact analysis. They also grant wide discretion to lead agencies to decide on appropriate impact significance thresholds, impact analysis methods, and mitigation measures, as long as these decisions are supported by substantial evidence. The Statement of Reasons, issued at the same time as the amendments, provides information useful for both interpreting the adopted amendments, and explaining why other issues were not addressed in the amendments.
 
Sohagi Law Group's detailed summary of the SB 97 CEQA Guidelines amendments
(Click to view or option-click to download PDF file.)
 
Please contact Margaret Sohagi (msohagi@sohagi.com), Al Herson (aherson@sohagi.com), or Helene Smookler (hsmookler@sohagi.com) if you have any questions about this summary, or need further information on the SB 97 CEQA Guidelines Amendments.
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