California, United States of America
The following excerpt is from Wilson v. City of Laguna Beach, G045933 (Cal. App. 2013):
"There is a split of authority on the appropriate standard of judicial review of a question of fact when the issue is whether a project that would otherwise be found categorically exempt is subject to one of [the]. . . exceptions . . . . 'Some courts . . . hold[] that a finding of categorical exemption cannot be sustained if there is a "fair argument" based on substantial evidence that the project will have significant environmental impacts, even where the agency is presented with substantial evidence to the contrary. [Citation.] Other courts apply an ordinary substantial evidence test . . ., deferring to the express or implied findings of the local agency that has found a categorical exemption applicable. [Citations.]'" (Hines v. California Coastal Com., supra, 186 Cal.App.4th at pp. 855-856.)
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