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ARTICLE · 26 SEPTEMBER 2016

California Supreme Court Invalidates "New Project" Test

Holland & Knight
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In a major win for agencies and project sponsors, the Supreme Court of California affirmed that addenda can appropriately be used to consider modifications to a previously approved negative declaration or EIR.

United StatesEnvironment
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Amanda Monchamp is a partner and Joanna "Joey" Meldrum is an associate in Holland & Knight's San Francisco office

HIGHLIGHTS:

  • In Friends of the College of San Mateo Gardens v. San Mateo Community College District, the Supreme Court of California affirmed that addenda can appropriately be used to consider modifications to a previously approved negative declaration or Environmental Impact Report (EIR).
  • The court's decision that the California Environmental Quality Act (CEQA) allows use of prior CEQA documents will help strengthen the defensibility of addenda and negative declarations for agency approvals that implement plans and projects that have already gone through one or more earlier rounds of CEQA review.

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