Jocelyn Thompson was a featured panelist during this teleseminar sponsored by Law Seminars International. The California Supreme Court's decision in Communities for a Better Environment v. South Coast Air Quality Management District, issued on March 15, 2010, the Court for the first time considered how an environmental impact report should determine the baseline for evaluating the significance of environmental impacts. The Court interpreted The California Environmental Quality Act's (CEQA) provisions for using existing physical conditions as the baseline, and provided guidance on the discretion that a lead agency can exercise in determining the appropriate baseline. The panel discussed the implications of this important decision for industry and the environment.
The following topics were covered during the presentation.
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The importance of baseline determination for evaluating the significance of environmental impacts
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Highlights of the Court's interpretation of CEQA's provisions for using existing physical conditions
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What the PRC and Guidelines say
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Past case law (Fairview Neighbors, etc.)
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Analysis of the trial and Court of Appeal decisions
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Future applications and implications