What Reverse CEQA Opinion Means

SACRAMENTO—The California Supreme Court issued its long-awaited opinion last week in California Building Industry Association (CBIA) vs. Bay Area Air Quality Management District, (BAAQMD) commonly referred to as the “Reverse CEQA” case. Heather Riley, partner, litigation, environmental and natural resources at Allen Matkins, offered some analysis on the opinion.

The Supreme Court’s opinion upholds four published CEQA decisions and rejects the so-called “reverse CEQA” argument, which would require an analysis of the “impact of existing environmental conditions on a project’s future users or residents” for every proposed development project in California, says Riley. The Court held–based on the plain language of CEQA–that a lead agency must analyze the impact of existing environmental conditions on a project only for certain airport, school, and housing construction projects and when a proposed project “risks exacerbating” existing “environmental hazards or conditions.”