CEQA To Project Proponents: ‘Why Can't You Do Solar?'

What Happened

A mammoth case out of Lake Tahoe affirms a new environmental review obligation for project proponents: Why can't you do solar? Upending what traditionally was a relatively straightforward analysis regarding the capacity of utility providers and avoidance of waste and inefficiency, the court of appeal held that the California Environmental Quality Act (CEQA) requires affirmative consideration of incorporating renewable energy sources at the project level. The case also includes an important precedent on quantifying the significance of greenhouse gas emissions and acceptable forms of mitigation for those emissions.

At issue in League to Save Lake Tahoe Mountain Area Preservation Foundation v. County of Placer was Placer County's (County) approval of a specific plan, related zone changes and a development agreement (Approvals) allowing construction of 760 residential units, 6.6 acres of commercial space, and conservation of 6,760 acres of forest