Insights
Publications

How New Climate Change CEQA Thresholds Will Impact Bay Area Development Projects

September 22, 2022 Webinar
CJ Higley and Don Sobelman

Farella's CJ Higley and Donald Sobelman with guest speakers, Michael Keinath from Ramboll and Tania Sheyner from City and County of San Francisco, discuss "How New Climate Change CEQA Thresholds Will Impact Bay Area Development Projects." 

On April 20, 2022, the Bay Area Air Quality Management District (BAAQMD) adopted, updated – and significantly changed – thresholds of significance under the California Environmental Quality Act (CEQA) for determining when a development project will have significant climate change/greenhouse gas impacts. Given that the BAAQMD thresholds are relied upon by many cities and other CEQA lead agencies in the Bay Area, this update will have a major impact on the environmental review process for many development projects in the region. Join our panel, as we discuss:

  • The new BAAQMD thresholds – how are they different?
  • Interaction with climate action plans and CEQA thresholds implemented by Bay Area cities.
  • Strategies for addressing the new BAAQMD thresholds in development projects.
  • Pros/cons of using alternative thresholds, including CEQA litigation risk.
  • Insights from a number of Bay Area development perspectives, including from attorneys (both real estate and environmental), a city planner, and a consultant specializing in CEQA greenhouse gas/air quality impact assessment.

Firm Highlights

Publication

New PFAS Listing Under Superfund Will Lead to Major Expansion of Liability

On April 19, 2024, the U.S. Environmental Protection Agency (USEPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under Section 102(a) of the Comprehensive Environmental Response, Compensation...

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Publication

AB 1633: The Housing Accountability Act

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The San Francisco Board of Supervisors took the first of two votes to approve housing fee reform legislation last week. The legislation reduces by as much as a third the affordable housing fees and...

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News

EPA Designates PFOA and PFOS as Hazardous Substances

Don Sobelman provided expert commentary in the  Chemical & Engineering News article "EPA Designates PFOA and PFOS as Hazardous Substances." Excerpt from the article: Lawyers are warning anyone purchasing an industrial site where PFOA...

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News

Lawdragon Names 7 Farella Lawyers Among “Leaders in Environmental Law”

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News

Ashley Breakfield Elected 2024 President of CREW SF

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News

Farella Braun + Martel Earns 2024 Best Law Firms® Rankings

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News

Affordable Housing Outlook: What Challenges Will 2024 Pose?

Real estate partner CJ Higley provided expert commentary in the Multi-Housing News article "Affordable Housing Outlook: What Challenges Will 2024 Pose?" The article is available here .

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Publication

Achieving Compatibility Between Solar Project Developers and Mineral Estate Holders

By Dirk R. Mueller , Alyssa Netto , and Will Russ Texas and California lead the country in terms of solar energy generating capacity while also maintaining major oil and gas production operations, which...

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Publication

Where Are We Now, Following Maui County, Sackett, and the Latest EPA Guidance?

The last few years have seen significant developments in our understanding of the reach of the federal Clean Water Act (CWA). (Indeed, “reach” here can be interpreted literally and figuratively.) The two issues plaguing...

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