Fifth District Holds Issue Exhaustion Not Required Where Agency Gave No Notice of Intent To Rely On CEQA Exemption Prior to Hearing, And Existing Facilities Categorical Exemption Does Not Apply to Unlined Landfills As A Matter of Law
CEQA Developments
AUGUST 23, 2021
As a matter of law, the Court also held the County improperly relied on the existing facilities exemption for the project. or if the public agency failed to give the notice required by law.” Existing Facilities Exemption Did Not Apply As A Matter of Law. Factual/Procedural Background. Applying the holding of Tomlinson v.
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