California Supreme Court Holds That Zoning Amendments Are Not Projects as a Matter of Law – Update from Somach, Simmons & Dunn

California Supreme Court Holds That Zoning Amendments Are Not Projects as a Matter of Law

The California Supreme Court clarified an ambiguous statute and the test for what is considered a project under the California Environmental Quality Act in its recent decision in Union of Medical Marijuana Patients, Inc. v. City of San Diego (UMMP).  The Court held that certain activities listed in the statute are not considered projects under CEQA as a matter of law.  Instead, the activities must be analyzed to determine whether they meet the statutory definition of a project, just like other activities that are not listed in the statute.  This decision potentially reduces the number of activities that will per se be subject to environmental review in California.  Yet the actual impact is unknown because the Court reiterated the broad definition of project under CEQA, which includes activities that might impact the physical environment…. Read More Written by Lauren D. Bernadett