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Cal. Pub. Res. Code § 21005

Policy

Known as the California Environmental Quality Act

The act spans §§ 21000–21189 (300 sections).

Applied in 14 court decisions — leading case 87 Cal. App. 4th 99 - Save Our Peninsula Committee v. Monterey County Board of Supervisors (2001)

Most recently applied in 251 Cal. Rptr. 3d 296 - Stopthemillenniumhollywood.Com. v. City of L.A. (July 2019)

Amended by Stats. 1994, Ch. 1230, Sec. 2

How often courts cite this section

199520002010201920
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) The Legislature finds and declares that it is the policy of the state that noncompliance with the information disclosure provisions of this division which precludes relevant information from being presented to the public agency, or noncompliance with substantive requirements of this division, may constitute a prejudicial abuse of discretion within the meaning of Sections 21168 and 21168.5, regardless of whether a different outcome would have resulted if the public agency had complied with those provisions.

(b) It is the intent of the Legislature that, in undertaking judicial review pursuant to Sections 21168 and 21168.5, courts shall continue to follow the established principle that there is no presumption that error is prejudicial.

(c) It is further the intent of the Legislature that any court, which finds, or, in the process of reviewing a previous court finding, finds, that a public agency has taken an action without compliance with this division, shall specifically address each of the alleged grounds for noncompliance.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.