Perspective
Mar. 1, 2012
Court’s formulaic approach to environmental baseline undermines CEQA
The latest in a line of cases that assumes environmental review will be approved from the outset. By Ellison Folk and Erica Maharg of Shute, Mihaly and Weinberger LLP
A recent opinion issued by the 1st District Court of Appeal demonstrates the challenge of applying the California Environmental Quality Act to projects with ongoing environmental impacts. In Citizens for East Shore Parks v. California State Lands Commission (2011) 202 Cal.App.4th 549, the court held that an agency considering the renewal of a facility's lease to operate is not required to evaluate the environmental impa...
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