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Expert Analysis

Calif. Clears The Air For Significance Thresholds

Law360, New York (August 20, 2013, 11:43 AM EDT) -- A new appellate decision, California Building Industry Association v. Bay Area Air Quality Management District, reinstates the Bay Area Air Quality Management District's controversial "significance thresholds" for evaluating air quality impacts under the California Environmental Quality Act. Reversing the trial court, the First District Court of Appeal found that adoption of thresholds for CEQA review was not a "project" itself subject to CEQA review and rejected claims that the thresholds were unsupported and would have adverse environmental side effects by discouraging high-density development and promoting suburban sprawl....

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