Supreme Court of California
Cal. Building Industry Assn. v. Bay Area Air Quality Mgmt., 213478
In a case examining the circumstances under which the California Environmental Quality Act (CEQA), Pub. Resources Code section 21000 et seq., requires an analysis of how existing environmental conditions will impact future residents or users of a proposed project, the Court of Appeal's judgment is reversed where CEQA does not require an agency to consider the impact of existing conditions on future project users except: 1) when a proposed project risks exacerbating those environmental hazards or conditions that already exist, an agency must analyze the potential impact of such hazards on future residents or users; and 2) with regard to certain airport, school, and housing construction projects, and in such situations, CEQA requires agencies to evaluate a project site‘s environmental conditions regardless of whether the project risks exacerbating existing conditions.
- Published 2015/12/17
- Supreme Court of California