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Cal. Pub. Res. Code § 21082.2

General

Known as the California Environmental Quality Act

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

Applied in 14 court decisions — leading case 52 Cal. App. 4th 1165 - Azusa Land Reclamation Co. v. Main San Gabriel Basin Watermaster (1997)

Most recently applied in John R. Lawson Rock & Oil, Inc. v. State Air Res. Bd. (January 2018)

Amended by Stats. 1993, Ch. 1131, Sec. 7

How often courts cite this section

199720002010201820
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 lead agency shall determine whether a project may have a significant effect on the environment based on substantial evidence in light of the whole record.

(b) The existence of public controversy over the environmental effects of a project shall not require preparation of an environmental impact report if there is no substantial evidence in light of the whole record before the lead agency that the project may have a significant effect on the environment.

(c) Argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence of social or economic impacts which do not contribute to, or are not caused by, physical impacts on the environment, is not substantial evidence. Substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts.

(d) If there is substantial evidence, in light of the whole record before the lead agency, that a project may have a significant effect on the environment, an environmental impact report shall be prepared.

(e) Statements in an environmental impact report and comments with respect to an environmental impact report shall not be deemed determinative of whether the project may have a significant effect on the environment.

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