Briscoe Investor & Bazel LLP Newsletter for May 17, 2016

Newsletter
May 17, 2016

WHO TAKES THE LEAD? COURT CLARIFIES WHICH IS THE
 “LEAD AGENCY” FOR ENVIRONMENTAL REVIEW OF PROJECTS
 BY PUBLIC-PRIVATE PARTNERSHIPS

The California Environmental Quality Act (CEQA) calls on state and local agencies to review the environmental effects of projects before approving them. When an agency partners with a private entity to undertake a project for which other agencies must issue approvals, which agency should take the lead in conducting the environmental review? Getting this right is important if for no other reason than that project opponents may seek to undo a project’s approval by challenging the choice of lead agency. The Court of Appeal recently wrestled with just such a challenge in two cases about a water supply project and clarified how a public/private partnership should be analyzed under regulatory Guidelines governing selection of the correct lead agency, and when during the CEQA process agencies can delegate responsibilities for overseeing project operations. Taken together, the cases provide important guidance for how agencies can structure their relationships to enhance the likelihood that their decisions on these issues will be upheld. Lisabeth Rothman of Briscoe Ivester & Bazel was counsel of record in one of the cases and assisted with the briefing of the other.

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Lisabeth Rothman

Experienced Lawyers Dedicated to Excellence in The Practice of Land Use, Environmental, and Natural Resource Law