Recommendations for Complying With Ballona Wetlands’ Definitive Rejection of “Converse-CEQA” Analysis

November 2012
Citation:
42
ELR 11037
Issue
11
Author
Jennifer Hernandez and Chelsea Maclean

On March 21, 2012, the California Supreme Court denied the petition for review and requests for depublication of the Second District Court of Appeal’s opinion in Ballona Wetlands Land Trust et al. v. City of Los Angeles. Ballona Wetlands held that the environment’s effects on a proposed project do not have to be analyzed under the California Environmental Quality Act (CEQA), thereby creating the likelihood that a wide range of impacts previously analyzed in CEQA documents will now be considered outside CEQA’s statutory authority. This Article analyzes the
Ballona Wetlands opinion and suggests practical recommendations for addressing impacts of the environment on projects under CEQA.

Jennifer Hernandez is a Partner at Holland & Knight and co-chairs the firm’s National Environmental Team. Chelsea Maclean is an Associate at Holland & Knight.

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Recommendations for Complying With Ballona Wetlands’ Definitive Rejection of “Converse-CEQA” Analysis

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