Court Affirms "Fair Argument" Standard in Review of City's CEQA Determination

The court in Sierra Club v. Cal. Dept. of Forestry and Fire Protection affirmed that the standard to be applied in reviewing an agency's decision to prepare a mitigated negative declaration, rather than an environmental impact report (EIR), is the "fair argument" standard. An EIR must be prepared where, "after examining the entire record, there is substantial evidence to support a fair argument that a project may have a significant effect on the environment." Citing a comment letter from a plant ecologist and botanist describing specific, non-speculative effects of the project, including increased sediment, reduction in groundwater discharges, and loss of spotted owl habitat, the court found substantial evidence on the record supported a fair argument that the project could have a significant effect on the environment. Therefore, the Department of Forestry and Fire Protection should have prepared an EIR prior to issuing a Timber Conversion Permit. (The decision was filed on March 29, 2007, but not certified for publication until April 30, 2007, following a request for publication.)