Supreme Court Grants Review in Medical Marijuana Case Presenting CEQA “Project” Definition Issues

by Arthur F. Coon : jdsupra – excerpt

On January 11, 2017, the California Supreme Court by unanimous order granted review in yet another CEQA case, Union of Medical Marijuana Patients, Inc. v. City of San Diego (2016) 4 Cal.App.4th 103, Supreme Court Case No. S238563.

The issues presented in plaintiff and appellant’s Petition for Review are:

  1. “Is amendment of a zoning ordinance an activity directly undertaken by a public agency that categorically constitutes a “project” under CEQA?
  2. Is a [sic] “the enactment of a law allowing the operation of medical marijuana cooperatives in certain areas of a municipality under certain conditions is [sic] the type of activity that may cause a reasonably foreseeable change to the environment,” categorically?”… (more)
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