Law360, New York (September 8, 2015, 10:52 AM EDT) -- The Supreme Court of California recently released its second California Environmental Quality Act decision of 2015, addressing a key issue for state agencies undertaking projects that require off-site environmental mitigation. In City of San Diego v. Board of Trustees of the California State University (Aug. 3, 2015; SC Case No. S199557), the court clarified that a state agency may not reject as infeasible off-site mitigation via fair-share payment solely due to the lack of appropriations earmarked for that purpose by the California Legislature. As a result, it affirmed the court of appeal's decision directing the board of trustees of the California...
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