mitigated negative declaration

By Christopher W. GarrettDavid Amerikaner, Lucas I. Quass and Samantha Seikkula

In an opinion by Justice Kruger, the Supreme Court of California unanimously reversed the Court of Appeal in Friends of the College of San Mateo Gardens v. San Mateo County Community College District, Cal. Supreme Court, Case No. S214061 (September 19, 2016). The Court concluded the Court of Appeal erred in its application of a “new project” test in determining whether a subsequent or supplemental environmental impact report (EIR) is appropriate.

The Court held that the California Environmental Quality Act (CEQA) does not authorize courts to invalidate an agency’s CEQA action when it proposes changes to a previously approved project, based solely on the court’s own independent evaluation of whether the agency’s proposal is a new project, rather than a modified version of an old one. Instead of focusing on a possibly abstract characterization of whether the project is “new” or “old,” the court must evaluate the lead agency’s determination of whether the previous environmental document retains any relevance in light of the proposed changes, and if any major revisions to the document are required due to the involvement of new, previously unstudied significant environmental effects. Importantly, the Court clarified