State Supreme Court Rejects Hypothetical Maximum Operating Capacity As Environmental Baseline Under CEQA.
Mondaq Business Briefing › Nbr. 2010, January 2010
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State Supreme Court Rejects Hypothetical Maximum Operating Capacity As Environmental Baseline Under CEQA.
The California Supreme Court has issued an opinion determining that projects reviewed under the California Environmental Quality Act ("CEQA") cannot be approved through a Negative Declaration based on the absence of significant impacts when the proposed project is compared to a hypothetical maximum permitted capacity rather than existing physical conditions at the time of the commencement of the e...
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