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Environmental & Energy

Mar. 17, 2015

Ruling complicated use of CEQA's categorical exemptions

Some exemptions from CEQA do not apply if there's a reasonable possibility of a significant effect on the environment due to unusual circumstances. But what's an "unusual circumstance"?

Donald E. Sobelman

Partner
Farella Braun + Martel

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Nicole M. Martin

Stice & Block LLP

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Categorical exemptions from environmental review under the California Environmental Quality Act, or CEQA, do not apply to projects involving a reasonable possibility of a significant effect on the environment due to unusual circumstances.

But what exactly is an "unusual circumstance"? Is the potential for a significant effect enough to trigger this exception?

These questions bedeviled appellate courts and lawyers for decades, resulting in a conflicting and confusing body ...

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