Several months ago, a court of appeal upheld a South Coast air district EIR for an oil refinery modernization project, concluding the district had discretion to use “near-peak” emissions, rather than average emissions, as the baseline for calculating the air pollution expected from the project. Communities for a Better Environment v. South Coast Air Quality
Baseline
Future Baseline May be Used for CEQA Review of Long-Term Infrastructure Project
By Marc Bruner on
Posted in CEQA
In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, the California Court of Appeal for the Second Appellate District ruled that in appropriate circumstances, projected future conditions may serve as an appropriate baseline for measuring a project’s impacts under the California Environmental Quality Act. The court disagreed with two controversial decisions from…
Supreme Court Declines Review of CEQA Decision Upholding EIR’s Use of Existing Operations Baseline
By Stephen Kostka on
Posted in CEQA
In Citizens for East Shore Parks the court of appeal upheld use of existing “on the ground” conditions, including ongoing operations, as the baseline for CEQA review of long-term renewal of a State Lands Commission lease of property used for a marine terminal. On March 14, 2012 the California Supreme Court denied a petition for…