Client Alert: Supreme Court Rejects Use of Existing-Permit Capacity as Baseline for CEQA Review of New Project

Client Alert: Supreme Court Rejects Use of Existing-Permit Capacity as Baseline for CEQA Review of New Project

Mar 16, 2010

Article

Brownstein Client Alert, March 16, 2010

The California Supreme Court has rejected the use of existing-permit capacity as a baseline for CEQA review of new projects.  Instead, agencies must analyze the “existing physical conditions” or “real conditions on the ground” for purposes of determining the project's potentially significant environmental effects.

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