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CEQA: California Environmental Quality Act

Discover the best ways to conduct a bulletproof environmental review. CEQA is the cornerstone of the state’s environmental protection laws. CEQA tends to be a focus for lawsuits, challenging the land use decisions of public agencies. Developing strategies for surviving potential litigation is an important aspect of preparing sound CEQA documents. Get the tools you need to develop effective CEQA compliance strategies. We will discuss the essentials of preparing legally defensible CEQA documents, and examine solutions to real projects. Don’t miss this unique opportunity to share and collaboratively discuss some of CEQA’s most perplexing issues. Benefits for You - Learn the do’s and don’ts for the environmental impact process - Integrate the differences between CEQA and NEPA - Identify how climate change analysis affects environmental review - Leave with tips on strategic and tactical planning of CEQA documents to overcome opposition and survive legal challenge
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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

This seminar will be presented by Denise Duffy, Brian Finegan, Esq., Shannon George, Erin Harwayne, AICP, Alexander T. Henson, Esq., Christine G. Kemp, Esq., Lloyd W. Lowrey, Jr., Esq., Michael Novo, AICP and Jacqueline M. Zischke, Esq.
Getting Started
  • What Is CEQA
  • Who Is the Lead Agency/Responsible Agency
  • What Is a Project for CEQA Purposes
    • Save Tara
    • Ministerial vs. Discretionary
  • Statutory or Categorical Exemptions
  • Special Circumstances
  • Defining Your Project Description
  • Defining Your Project Objectives
  • Establishing Your Thresholds
Planning the Defensible Approach
  • Negative Declaration or Environmental Impact Report (EIR)
    • Evaluation of Litigation Risk
  • Initial Study – Why Bother?
    • Substantial Evidence vs. Fair Argument Standard
  • What Kind of EIR to Prepare
    • Master, Program, Project
    • Addendum, Supplemental, Subsequent
  • Document Preparation
    • Who Prepares?
  • EIR Contents – Dealing With Common Problems
    • Environmental Setting
    • Establishing Baselines
    • Assessment Methods and Thresholds of Significance
    • Impacts Direct, Indirect
    • Alternatives
  • Mitigated Negative Declaration Contents
  • Mitigation Measures
    • What Is Defensible Mitigation?
    • Avoiding Deferred Mitigation
Administrative Hearing Process
  • Designing an Agency Process That Works
    • Maintaining the Public/Administrative Record
    • Public Participation
    • Last Minute Comments
    • Findings
    • OverRiding Considerations
Administrative Hearing Process - Continued
CEQA Litigation
  • Fight or Fix? When to Recirculate
  • Judicial Review
    • Timelines
    • Administrative Record Preparation
    • Standard of Review
    • Mootness
    • Attorney Fees
CEQA Litigation (Continued)
CEQA Hot Topics
  • Integrating CEQA and NEPA
  • Water Supply
  • Climate Change
  • Local Cases
  • Baselines
  • Recent Legislation
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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Manual

No credit available.

Audio & Reference Manual

No credit available.

Online Manual

No credit available.

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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Lloyd W. Lowrey, Jr., Esq.

Lloyd W. Lowrey, Jr., Esq. – Moderator

Noland Hamerly Etienne & Hoss PC

  • Member of the law firm of Noland Hamerly Etienne & Hoss PC
  • 38 years of experience advising private clients on CEQA compliance
  • 28 years of experience advising water districts on CEQA compliance
  • Co-counsel in various CEQA litigation matters, most recently Ag Land Trust v. Marina Coast Water District
  • Can be contacted at 831-424-1414 or llowrey@nheh.com
Denise Duffy

Denise Duffy

Denise Duffy & Associates

  • Principal of environmental planning firm of Denise Duffy & Associates for 30 years
  • 35 years of experience with CEQA and NEPA document preparation and compliance
  • More than 30 years of experience advising public and private clients on CEQA, NEPA, ESA and CESA
  • Project entitlement and permit acquisition of projects from start to finish
  • Experience covers all types of major and complex projects involving resource planning, water and CEQA
  • Can be contacted at 831-373-4341 or dduffy@ddaplanning.com
Brian Finegan, Esq.

Brian Finegan, Esq.

Attorney at Law

  • Private law practice in Monterey and San Benito counties since 1965, focusing in real estate, land use and environmental law, including numerous CEQA suits
  • Service on numerous Citizen Advisory Committees including Monterey County Zoning Ordinance Update; Monterey County Subdivision Ordinance Update; Salinas General Plan; Salinas Affordable Housing Task Force; Monterey County Permit Streamlining Task Force; Salinas Inclusionary Housing Ordinance Update; Salinas Zoning Ordinance Update; Monterey County General Plan Update
  • Charter board member, past president, teaching faculty (real property), Monterey College of Law; lecturer, various planning and land use seminars
  • Key projects include: Las Palmas Ranch; Harden Ranch; Westridge Center; The Santa Lucia Preserve; Del Monte Center; Ottone Business Park; Mountain Valley; The Meadows Of Corral De Tierra; Crossroads Shopping Center; D’Arrigo Bros. Co. Of California; Seaside Resort Hotel; Soledad Mission Shopping Center; Boronda Crossing; Salinas Future Growth Area; Salinas Ag-Industrial Center; Rincon Villages
  • Can be contacted at 831-757-3641 or brian@bfinegan.com
Shannon George

Shannon George

David J. Powers & Associates, Inc.

  • Senior project manager with David J. Powers & Associates, Inc.
  • More than 15 years of experience implementing CEQA
  • Key projects have included: 49ers Santa Clara Stadium, Santana Row, three high-rise, mixed-use developments in downtown San Jose (Axis, Silvery Towers, One South Market), multiple office campus projects in Santa Clara including the three million square foot Yahoo! Campus and two million square foot NVIDIA Campus, Santa Clara University Master Plan
  • Can be contacted at 408-248-3500 or sgeorge@davidjpowers.com
Erin Harwayne, AICP

Erin Harwayne, AICP

Denise Duffy & Associates

  • Senior planner/environmental scientist/project manager at Denise Duffy & Associates
  • 14 years of experience providing environmental consulting services to private and public clients
  • Focuses on CEQA and NEPA compliance, regulatory permitting, and projects with complex biological issues
  • Has prepared all levels of environmental documentation for a wide variety of residential, mixed-use, educational, public works, water, and transportation projects
  • Member of the American Institute of Certified Planners (AICP)
  • Member of the Association of Environmental Professionals (AEP) and currently serving as vice president of membership
  • Can be contactd at 831-373-4341 or eharwayne@ddaplanning.com
No photo available

Alexander T. Henson, Esq.

Attorney at Law

  • Private law practice working principally as a private attorney general throughout Northern California since 1980
  • 42 years of experience in enforcement of CEQA, NEPA, and California city and county General Plans with over 14 published decisions
  • Formerly worked in the environmental unit of the California attorney general charged with investigating environmental issues arising in Northern California and recommending appropriate action by the Office of the Attorney General
  • Successfully prosecuted through trial and appeal numerous CEQA and NEPA challenges creating a body of case law defining the baseline for determining environmental impacts and when EIRs are required; wrote an amicus brief quoted last year by the California Supreme Court on this subject
  • Won CEQA challenges to airport expansion plans at the Monterey Airport and expansion plans for development around the Watsonville Airport and litigated over the Monterey County General Plan several times during the last 34 years
  • Can be contacted at 831-659-4100 or zancan@aol.com
Christine G. Kemp, Esq.

Christine G. Kemp, Esq.

Noland Hamerly Etienne & Hoss PC

  • Member of the law firm of Noland Hamerly Etienne & Hoss PC
  • 25 years of experience advising clients on a wide range of land use matters, in a wide range of jurisdictions, including: CEQA compliance, CEQA litigation, application of CEQA to coastal development and historic resources, application of CEQA to long-range projects and annexations
  • Sixth District Court of Appeal successful defense upholding CEQA compliance
  • Can be contacted at 831-373-3622 or ckemp@nheh.com
Michael Novo, AICP

Michael Novo, AICP

Monterey County Resource Management Agency

  • Planning director with Monterey County Resource Management Agency
  • 25 years as a public sector planner, 30 years of environmental and land use experience
  • Previously worked for Environmental Protection Agency in Superfund Enforcement and at Lawrence Livermore National Laboratory as an environmental scientist, including preparation of NEPA documents and numerous publications
  • Worked with consulting firms on several new town proposals, including integrating CEQA review into the plan preparation process
  • Established mitigation monitoring and tracking procedures
  • Assisted with preparation of legal analyses and responses in judicial actions
  • Member of the American Institute of Certified Planners
  • Founding board member of Monterey Bay Chapter of Association of Environmental Professionals
  • Can be contacted at 831-755-5192 or novom@co.monterey.ca.us
Jacqueline M. Zischke, Esq.

Jacqueline M. Zischke, Esq.

Jacqueline M. Zischke, Attorney at Law, A Professional Corporation

  • Focuses practice on CEQA and land use litigation and compliance for 20 years
  • Represents landowners, developers and investors in real estate development and land use issues
  • Experienced in defending writ of mandate proceedings regarding CEQA compliance and the Planning and Zone Law
  • Can be contacted at 831-761-8714 or jzischkelaw@charter.net
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Product ID: 393936
Published 2014
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