Sunflower Alliance v. Dept. of Conservation

Summary

The court held that the CEQA class 1 categorical exemption’s reference to a “negligible or no expansion of existing or former use” concerns the nature and scope of a facility’s changed or expanded use, not whether the change presents a negligible risk of environmental harm. Because the Court of Appeal applied the wrong legal standard in reviewing CalGEM’s exemption determination, the court reversed and remanded for reconsideration under the proper framework. The court declined to decide whether CalGEM could impose conditions addressing environmental effects while simultaneously finding the project exempt.