California Appellate Court Holds that Increased Student Enrollment Subject to CEQA

California’s First Appellate District has ruled that discretionary decisions by a local agency that increase student enrollment constitute a “project” for purposes of the California Environmental Quality Act (“CEQA”). The case, Save Berkeley Neighborhoods v The Regents of the University of California, sustains the traditionally broad definition of a “project” in the context of CEQA by rejecting the argument that an increase in student enrollment must be analyzed only when it is concomitant with a physical development.

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