New Case Limits Local Agency Obligations Under CEQA

June 2020
In general, the California Environmental Quality Act (“CEQA”) applies to “discretionary projects proposed to be carried out or approved by public agencies” (California Public Resources Code Section 21080(a)), but are the post-approval decisions of the local agency, including the decision to not abandon a project, subsequent discretionary approvals that also require CEQA analysis? In a recent case before the California Sixth Appellate District, the court answered both questions in the negative, rejecting an argument that would have significantly increased the administrative burden for local agencies.

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