From JD SUPRA:
“Key points in this legal brief:
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- A permitting agency’s blanket designation of an entire category of permit decisions as ministerial for purposes of the California Environmental Quality Act (CEQA) may be held to be improper if the agency has the ability to modify or deny the permit based on any concern that may be examined under CEQA review.
- Courts will afford a larger degree of deference to an agency’s designation of a single permit decision as ministerial on a case-by-case basis.”
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