California Supreme Court Rejects CEQA Guideline Requiring Analysis of the Existing Environment’s Impacts on a Proposed Project

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California Supreme Court Rejects CEQA Guideline Requiring Analysis of the Existing Environment’s Impacts on a Proposed Project

A unanimous California Supreme Court has held that the California Environmental Quality Act (CEQA) generally does not require an analysis of how existing environmental conditions will impact a project’s future users or residents. The Court invalidated a CEQA Guideline requiring evaluation of environmental conditions existing on a proposed project site, finding that the CEQA statute authorizes analysis of a proposed project’s impacts on the existing environment but, absent statutory exceptions, does not require analysis of the existing environment’s impact on the proposed project.California Building Industry Association v. Bay Area Air Quality Management District, N. S213478 (December 17, 2015). [Read full article]

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