Berkeley Hillside Preservation Plaintiffs and Appellants v. City of Berkeley, Defendan — Liu, J…

Summary

Justice Liu concurred in the judgment reversing and remanding because environmental review must be based on the project actually approved, not on allegedly necessary but unapproved activities. He disagreed with the majority's interpretation of the categorical-exemption exception and would treat the inquiry as whether substantial evidence supports a fair argument of potentially significant environmental effects, without a separate unusual-circumstances requirement or bifurcated standard of review. Justice Werdegar concurred in the concurrence.