Two years ago the South Coast Air Quality Management District (“SCAQMD”) adopted its Warehouse Indirect Source Rule – Rule 2305. SCAQMD regulates air quality in areas of Los Angeles, Orange, Riverside, and San Bernardina counties. The rule requires warehouse operators to account for truck trips to and from their facilities and mitigate the resulting diesel […]
by Sean M. Sherlock Environmental justice is a principle that has been around since at least the 1990s, with roots back to the 1960s. The US EPA describes environmental justice as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and […]
by Sean M. Sherlock The South Coast Air Quality Management District (“SCAQMD”) is pursuing a new rule to regulate distribution warehouses. The SCAQMD’s focus is not on emissions generated by the warehouses or their equipment. Rather, its focus is on emissions from the trucks that make deliveries and pickups at these facilities. Proposed Rule 2305 […]
by Sean M. Sherlock As industrial facilities go, distribution warehouses are clean, non-polluting operations. They generally do not operate industrial furnaces, boilers, compressors, pumps, tanks or other major stationary sources of air pollution. But the South Coast Air Quality Management District (“AQMD”) considers distribution warehouses to be “indirect” sources of air pollutants because trucks making […]
by Sean M. Sherlock A recent court of appeal opinion out of San Diego demonstrates how the California Environmental Quality Act (“CEQA”) has once again been used to impede housing development—this time to the benefit of a high-end luxury spa. For CEQA practitioners the case provides two important lessons. First, it demonstrates how a permitting […]
by Sean M. Sherlock Harry Rogers owned and operated a horse boarding facility called the Stock Farm, in the City of Poway, California – a city that proudly calls itself the “City in the Country.” Rogers wanted to shut down the Stock Farm and subdivide his land into residential lots. Not surprisingly, some of the […]
by Sean M. Sherlock The World Logistics Center is a massive project – 41 million square feet of logistics facilities located on 2,300 acres in Moreno Valley, California. The project has undergone environmental review for years, culminating in an Environmental Impact Report (“EIR”) that was approved by the Moreno Valley City Council on August 19, […]
by Sean Sherlock The California Supreme Court has resolved a longstanding uncertainty regarding the scope of environmental review under the California Environmental Quality Act (“CEQA”). In 1995, a California Court of Appeal held that CEQA requires a lead agency to evaluate the effect of a project on the environment, but not the effect of the […]
by Sean M. Sherlock The California Environmental Quality Act (“CEQA”) requires agencies to evaluate whether projects they are performing or permitting will have a significant effect on the environment. But significant compared to what? In evaluating a project’s impact on the environment, an agency must determine appropriate baseline conditions against which to compare the project. […]
By Katherine A. McKitterick and Sean M. Sherlock To address the worsening drought, on April 1, 2015, Governor Brown issued Executive Order B-29-15 (“Executive Order”), mandating a 25% reduction in potable urban water consumption. In response, the State Water Resources Control Board has passed emergency regulations that will directly affect water districts and users. And […]
