Last week, a trio of bills related to last-mile warehouses were introduced by Council Member Alexa Avilés, and co-sponsored by Council Members Jennifer Gutiérrez (District 34, Williamsburg), Sandy Nurse (District 37, Bushwick), Selvena Brooks-Powers (District 31, Far Rockaway), Julie Won (District 26, Astoria) Shahana Hanif (District 39, Gowanus/Park Slope); and Lincoln Restler (District 33, Downtown Brooklyn), Public Advocate Jumaane Williams, and Brooklyn BP Antonio Reynoso. At the press conference, it was expressed that these bills were introduced in order to combat the proliferation of last-mile warehouses in low-income communities of color who are subject to more air and noise pollution as…
Continue Reading Last Mile Warehouse Bills and Proposed Special Permit

In the latest effort by the Biden administration to promote consideration of climate and environmental justice impacts in federal decision-making, the White House Council on Environmental Quality (CEQ) recently issued interim guidance for federal agencies analyzing greenhouse gas emissions (GHG) and climate change under the National Environmental Policy Act (NEPA).[1] Under the new guidance, which is similar to previous guidance that had been withdrawn under the Trump administration, NEPA review documents generally will be expected to quantify GHG emissions caused by federal actions, discuss the resulting climate impacts, and incorporate environmental justice considerations. While the guidance recommends methods for…
Continue Reading Updated CEQ Guidance for Analysis of GHG Emissions Sidesteps Key Legal Issues

This is what you need to know.

In response to the tragic balcony collapse that killed seven students in Berkeley in 2015, Governor Jerry Brown approved Senate Bill No. 721 on September 17, 2018. The bill, commonly referred to as the “Balcony Inspection Law”, went into effect on January 1, 2019 and the deadline for initial inspections is January 1, 2025. The Balcony Inspection Law amended Section 1954 of the Civil Code, and added Article 2.2 (commencing with Section 17973) to Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, relating to building standards.
Continue Reading Multifamily Building Owners: Are you Prepared to Meet Balcony Inspection Requirements by the January 1, 2025 Deadline?

The City and State of New York have made a handful of announcements regarding plans to roll out imminent changes to the real estate development process to help encourage development and tackle the City’s affordable housing crisis. Given the current obstacles facing development, this change warrants quoting Lizzo: “It’s about damn time.”…
Continue Reading It’s About Damn Time

As of January 31st, the deadline for many Bay Area cities and counties to adopt legally compliant Housing Elements now has passed, and many jurisdictions remain without certifications from the California Department of Housing and Community Development (“HCD”) that their 6th Cycle Housing Element Updates (“6th Cycle”) substantially comply with state law. As such – and until HCD certifies that these housing elements substantially comply – the Housing Accountability Act’s (“HAA”) “Builder’s Remedy” is now available in a range of Bay Area jurisdictions.

Additionally, under Assembly Bill 1398 (“AB 1389”), should these jurisdictions fail to obtain HCD’s determination of substantial…
Continue Reading As Deadline for Housing Element Certification Passes, “Builder’s Remedy” and AB 1398 Remedies Loom for Noncompliant Bay Area Cities and Counties

In an effort to address the ongoing California housing crisis and exorbitant development costs, the 2022 Legislative Season saw the introduction of approximately 40 housing-related bills, resulting in the passage of various laws intended to spur greater housing production and affordability. Below are a list of those bills that passed, which affect (i) regional housing finance agencies and housing finance, (ii) streamlining housing approvals, (iii) adaptive reuse in commercial zones, (iv) homeownership and tenant protections, (v) housing, transportation and infrastructure, (vi) surplus and excess land, and (vii) land use, planning and housing element law. Unless otherwise noted below, a majority…
Continue Reading Housing Legislation Update 2023

In the closing weeks of 2022, the California Air Resources Board (“CARB” or “Board”) approved its final 2022 Scoping Plan, which sets forth a detailed roadmap to accelerate the reduction of greenhouse gas (“GHG”) emissions in order for the state to achieve carbon neutrality by 2045, with an interim goal of achieving a reduction in GHG emissions of 40% below the 1990 level by 2030 (the goal adopted by the State in 2017’s SB 32).
Continue Reading California Air Resources Board Adopts 2022 Scoping Plan

The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers on Wednesday published a final rule defining “Waters of the United States,” or WOTUS, which determines the extent of federal regulatory authority under the Clean Water Act. 88 Fed. Reg. 3004-3144 (Jan. 18, 2023). The new rule largely reinstates the longstanding definition of WOTUS first adopted in 1986, as modified by the Supreme Court’s opinion in Rapanos v. United States,547 U.S. 715 (2006). But the final rule comes as the Supreme Court again considers the proper scope of WOTUS in Sackett v. Environmental Protection Agency, which will…
Continue Reading Turbulence Ahead for the Clean Water Act: Agencies Redefine “Waters of the United States” as SCOTUS Prepares to Rule in Sackett v. EPA

After unexpected controversy earlier in the year, on December 15, 2022 the U.S. Environmental Protection Agency (EPA) issued a Final Rule unambiguously recognizing the ASTM International Standard E1527-21 for Phase I Environmental Site Assessments (ESAs), with an effective date of February 13, 2023.[1] EPA’s express endorsement of the standard as meeting the requirements of the All Appropriate Inquiry (AAI) Rule[2] is essential to ensuring that the Phase I ESA fulfills its fundamental purpose: protection for prospective purchasers (and lessees) of property from liability for pre-existing contamination by petroleum products or hazardous substances regulated under the Comprehensive Environmental Response…
Continue Reading EPA Endorses New Standard for Phase I Environmental Site Assessments

Companies should regularly assess their Prop 65 compliance. Products, packaging, business relationships, and the rules for compliance are constantly changing. Start 2023 off right with a review of your compliance practices to avoid costly private enforcement actions.
Continue Reading Get Your Prop 65 House in Order for the New Year

In response to developers’ continued cry for meaningful reform, changes to or exemptions from the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) (CEQA) are often included in numerous bills during any California legislative session. 2022 proved to be no exception. While many bills suffered slow deaths in committee, a handful successfully made it to the Governor’s desk and were signed into law. …
Continue Reading 2022 CEQA Legislative Recap

With 2022 having just come to an end, we wanted to take the opportunity to spotlight some of the most impactful climate change legislative and regulatory actions taken in California.
Continue Reading 2022 in Review – California Climate Change Policy and Legislation

California has approved a new, alternative “Safe Harbor” warning label for foods containing acrylamide, a naturally-occurring byproduct that occurs during high-heat cooking. Whether the new regulation moots the California Chamber of Commerce’s (“CalChamber”) ongoing legal battle against Proposition 65 (“Prop 65”) warning labels[1] remains to be seen.
Continue Reading California’s Newly Adopted “Safe Harbor” Warning Label for Acrylamide In Foods Turns Up the Heat In Ongoing First Amendment Challenge to Proposition 65