Break Out The Crystal Ball To Evaluate Your Project

Law360, New York (August 9, 2013, 1:26 PM EDT) -- In a highly anticipated decision published recently, the California Supreme Court affirmed that the use of a future baseline for analyzing certain environmental impacts is appropriate when supported by substantial evidence. The decision, Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (Case No. S202828, Aug. 5, 2013), confirms that under the California Environmental Quality Act, a public agency may choose, in some circumstances, to evaluate the impacts of a potential project against a baseline consisting solely of projected future conditions.

However, the agency’s choice...
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