California Supreme Court Addresses CEQA Supplemental Review; Rejects “New Project” Test

Recent decision resolves appellate split regarding standard of review for agency decision to prepare supplemental environmental review.

On September 19, the California Supreme Court held that the substantial evidence standard of review applies to a lead agency’s evaluation of whether a modified version of a previously approved project requires additional environmental review under the California Environmental Quality Act (CEQA). Accordingly, courts may not invalidate a lead agency’s approval of the modified project based solely on a court’s own independent evaluation of whether the agency’s proposal is a “new project,” rather than a modified version of an old one.

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