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ARTICLE · 19 JULY 2013

Solar Project Prevails Over Williamson Act, CEQA Claims in Save Panoche Valley

Morrison Foerster
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A recent California appellate decision broke new ground for solar energy developers by upholding a County’s decision to cancel numerous Williamson Act contracts and approve a large solar project despite potentially significant impacts under the California Environmental Quality Act

United StatesEnergy and Natural Resources

A recent California appellate decision broke new ground for solar energy developers by upholding a County's decision to cancel numerous Williamson Act contracts and approve a large solar project despite potentially significant impacts under the California Environmental Quality Act (CEQA). In Save Panoche Valley v. County of San Benito, the Sixth District Court of Appeal found that the County's decision to approve a 399 MW photovoltaic solar project was supported by substantial evidence under both the Williamson Act and CEQA. The first-of-its kind published decision may have important implications for similar projects by affirming that California's interest in promoting renewable energy may outweigh interests in protecting other resources.

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