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Environmental & Energy

May 17, 2012

Future is now (or is it?): minimizing CEQA litigation risk

When performing an environmental impact report, choosing the proper baseline can be outcome determinative.

Donald E. Sobelman

Partner, Farella Braun + Martel

Sherry E. Jackman

Greenberg Glusker LLP

Phone: (310) 201-7526

Email: sjackman@greenbergglusker.com

Does the future exist? Ask a lawyer who grapples with application of the California Environmental Quality Act (CEQA) to projects that are anticipated to be completed in the medium-to-long range - i.e., five to 15 years from the time of project approval - such as public infrastructure projects or major industrial projects.

CEQA requires a public agency with lead CEQA responsibility (lead agency) to evaluate the potential for significant environmental impacts from proposed projects ...

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