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January 31, 2004 2004 CEOA UPDATE TO: PROJECT 5 (CEQA GUIDELINES) CLIENTS FROM: BEST BEST & KRIEGER LLP RE: YEAR 2004 UPDATE TO LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") INTRODUCTION Enclosed is your annual update to Local Guidelines for Implementing the California Environmental Quality Act ("Local Guidelines") for 2004. Any changes in law have been incorporated into your Local Guidelines. As in prior years, we are including a copy of your Local Guidelines on computer diskette for easy reproduction and access to forms. This memorandum summarizes the changes to the California Environmental Quality Act (`CEQA") from 2003 to 2004, by explaining legislative updates and new court decisions. Also discussed are cases that are noteworthy for purposes of interpreting CEQA but do not necessarily require substantive changes to the Local Guidelines or interpretation of the law. Your Local Guidelines and this memorandum are designed to assist you in assessing the environmental implications of a project prior to its approval, as mandated by CEQA. We still recommend, however, you consult with an attorney when you have specific questions on major, controversial or unusual projects. STATUS OF PROPOSED UPDATES TO THE STATE CEQA GUIDELINES In 2003, the outgoing Davis administration proposed numerous amendments to the State CEQA Guidelines and many other administrative regulations. These regulations did not become final before the new administration took office. Within a few days after assuming office, Governor Schwarzenegger announced that his administration would not allow any of the proposed regulations to become law until his staff had reviewed and made recommendations on them. Thus, along with the many other regulations proposed by the outgoing Davis administration, the State CEQA Guidelines are "on hold" pending review by the new administration. -1-