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

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

Farella Awards 2024 Diversity Scholarships to Bay Area Law Students

Farella Braun + Martel’s Diversity, Equity, Inclusion + Belonging Committee is pleased to announce the recipients of our 2024 Diversity Scholarship grants totaling $45,000 to Bay Area first-year law students Marcus Albino, Saamia Haqiq...

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Publication

New PFAS Federal Drinking Water Standards Create Major Liability and Litigation Risk

The United States Environmental Protection Agency has released a final regulation setting individual drinking water maximum contaminant levels (MCLs) for five per-and polyfluoroalkyl substances (PFAS). These MCLs are incredibly stringent due to EPA’s stated concerns...

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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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News

Burdened by Debt, Savvy SF Office Owners Get Creative

Restructuring, insolvency, and creditors rights partner Gary Kaplan provided expert commentary in The San Francisco Standard article, "Burdened by Debt, Savvy SF Office Owners Get Creative." In the article, Gary explained that in most cases...

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Event

20th Annual Western Boot Camp on Environmental Law

Linda Gilleran is teaching the Energy Law session at the Environmental Law Institute's 20th Annual Western Boot Camp on Environmental Law.

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Publication

California’s Estrada Decision and Impact on Employers and PAGA Claims

Following Estrada v. Royalty Carpet Mills, Inc. , the California Supreme Court’s employee-friendly Private Attorneys General Act (PAGA) ruling earlier this year, employers must remain more diligent than ever to prevent and mitigate costly...

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Publication

California Regulation of Charitable Fundraising Platforms Part 2 - Reporting Due Diligence, Recordkeeping, and Disclosure Rules

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . This episode covers the provisions of California’s Charitable Fundraising Platforms law (Gov. Code, § 12599.9) relevant to all covered charitable fundraisers and fundraising...

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Event

AI and Privacy: What Every Company Needs to Do Today

Sushila Chanana and Benjamin Buchwalter will discuss "AI and Privacy: What Every Company Needs to Do Today' at the ACC 2024 Privacy Summit.  This session will introduce basics of AI governance, such as ownership...

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Event

Unplugged: The Renewable Energy Speaker Series - The IRA's Environmental Justice Incentive Programs

Join Farella Braun + Martel and the Environmental Law Institute for the relaunch Unplugged: The Renewable Energy Speaker Series with Farella’s John Ugai and guest speakers Miana Campbell with U.S. Department of Energy, Maria Castillo with...

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