Complying with the California Environmental Quality Act
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:00 pm
Lunch (On your own): 12:00 – 1:00 pm
Afternoon Session: 1:00 – 4:30 pm
Overview of California Environmental J. Cho
Quality Act (CEQA) Project Procedures
History and purpose of CEQA
Projects to which CEQA process applies
Projects that are exempt
Evaluating environmental effect of project
Preparing Initial Study and Environmental Impact Report T. Smith
Contents of initial study
Contents of environmental impact report (EIR)
Preparing draft EIR
Providing Public Review Period and Preparing Final EIR T. Smith
Providing public review period
Responding to comments on draft EIR
Preparing final EIR
Consideration and approval of final EIR
Preparing findings on significant environmental effects
Participating in Challenges to CEQA L. Smith, C. Tristao
Actions and Determinations
Actions subject to challenge
Complying with statute of limitations
Challenge procedure
Litigating Challenges to CEQA in State Court J. Cho
Preparing the petition
Requesting a stay or temporary restraining order
Discovery and trial preparation
Trying the case to the court
Filing for appellate review
Update on Climate Change and CEQA R. Kwong
Review of CARB’s AB 32 scoping plan implementation
Review of regulatory relationship between CEQA and climate change
Assessing impact of recent CEQA/climate change cases
Managing transportation impacts analysis in CEQA guidelines (SB 743)
Credits
Attorneys
6.5 California CLE Hours
California Engineers
Non-Mandatory Cont. Ed.
Landmen
6.5 AAPL CE Hours
Continuing Education Credit Information
This seminar is open to the public and offers 6.5 CLE hours to California attorneys. HalfMoon Education is an approved CLE provider in California (Provider No. 8370).
This course offers 6.5 non-mandatory continuing education hours to California professional engineers. It may qualify for mandated continuing education credit in other states. Refer to specific state rules to confirm eligibility, or contact HalfMoon Education for assistance.
The American Association of Professional Landmen has approved this event for 6.5 RL, RPL, CPL recertification credits, and 6.5 CPL/ESA credits and no ethics credits.
Attendance will be monitored and reported, as required. Attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.
Speakers
Juliet Cho
Stoel Rives LLPAssociate at Stoel Rives LLP in San FranciscoMs. Cho’s practice involves a wide spectrum of environmental matters, including land use, environmental due diligence, entitlements, the California Environmental Quality Act (CEQA) permit approval process, regulations affecting cleanup of hazardous waste materials, municipal law, and land use and environmental litigation. She has engaged in water projects, renewable energy projects, local government projects, and industrial and mixed use projects.
Robert N. Kwong
Robert N. Kwong is a partner with the law firm of Arnold LaRochelle Mathews VanConas & Zirbel, LLP (A to Z Law). His practice emphasizes land use and environmental law, including the processing of land use entitlements and related administrative and civil litigation. Areas of environmental law include air quality, climate change, water supply, water quality and solid waste management. His work involves counseling and representing private and public entities and individuals dealing with local, state and federal land use laws and regulations, including the California Environmental Quality, the California Coastal Act, federal Clean Air Act, and federal Clean Water Act.
Prior to joining A to Z Law, he was the Assistant County Counsel for the County of Ventura with primary responsibility for the Resource Management Agency’s Planning, Environmental Health, Code Compliance and Building & Safety Divisions. He also served as general counsel to the Ventura County Air Pollution Control District where he was at the forefront of California’s climate change laws and regulations.
Previously, he served as General Counsel for the Bay Area Air Quality Management District, Senior Deputy District Counsel for the South Coast Air Quality Management District, Deputy City Attorney for the City of Los Angeles; and Deputy Attorney General for the California Department of Justice.
Lee Smith
Coleman & Horowitt, LLPColeman & Horowitt, LLP, Fresno
Mr. Smith is a partner in the litigation department of the Coleman & Horowitt’s Fresno and Sacramento offices, and is heading the firm’s Environmental Department, where he provides representation to clients in the areas of environmental law compliance and litigation, the California Environmental Quality Act (CEQA), land use, Proposition 65, and water law and litigation in the Central Valley. His experience includes air quality and hazardous materials compliance, food safety, and water quality at both the federal and state levels. Mr. Smith has handled cases involving the EPA, Cal-EPA, the Central Valley Regional Water Quality Control Board, CalRecycle, the San Joaquin Unified Air Pollution Control District and other environmental agencies. He has also been involved in federal litigation involving the Clean Water Act (CWA), the Clean Air Act (CAA), the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), and the Resource Conservation and Recovery Act (RCRA) as well as state court litigation concerning pesticide contamination, CEQA and Proposition 65.
Todd Smith
Thomas Law GroupOf Counsel at the Thomas Law Group in SacramentoMr. Smith brings to Thomas Law Group extensive experience working with clients on the application and effect of environmental, land use, and administrative laws, including the California Environmental Quality Act, National Environmental Policy Act, Clean Water Act, Clean Air Act, Endangered Species Act, Federal Land Policy Management Act, Global Warming Solutions Act of 2006 (AB 32) and the Warren-Alquist Act. He represents clients in proceedings before federal, state and local agencies throughout California, including administrative hearings concerning permit rights and appeal, and he has extensive litigation experience. Mr. Smith has experience representing public agency clients, including acting as lead associate for the $500 million extension of the Bay Area Rapid Transit Agency’s (BART) line to the city of Antioch. This involved extensive drafting and review of the environmental impact report, drafting and negotiating agreements concerning environmental entitlements, and daily case management and client interactions.
Craig Tristao
Coleman & Horowitt, LLPColeman & Horowitt, LLP, FresnoMr. Tristao is an associate in the litigation department of Coleman & Horowitt ‘s Fresno and Sacramento offices where he provides representation to clients in litigation matters involving agricultural law, environmental law, construction law, land use and natural resource law, water law, and eminent domain matters that involve the California High Speed Rail Authority. He also assists clients with regulatory compliance issues concerning the Clean Water Act (CWA), the Porter-Cologne Act, and the Clean Air Act (CAA). In addition to litigation, Mr. Tristao also represents clients before the Regional Water Quality Control Boards and the State Water Resources Control Board, air districts, and the Contractors State License Board (CSLB). He has represented clients in state and federal court litigation and arbitrations involving custom farming agreements, breach of contractual obligations, construction defects, the California Environment Quality Act (CEQA), the Perishable Agricultural Commodities Act (PACA) and note issuance and security agreements (NISAs). Prior to entering the practice of law, Mr. Tristao was engaged in research regarding agricultural operations and air quality, and he consulted on compliance with the Clean Water Act (CWA), the Clean Air Act (CAA), the California Environmental Quality Act (CEQA), the National Environmental Protection Act (NEPA) and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA).