What is the standard of review for environmental objections in the context of the exhaustion of administrative remedies?

California, United States of America


The following excerpt is from City of Long Beach v. City of L. A., 19 Cal.App.5th 465, 228 Cal.Rptr.3d 23 (Cal. App. 2018):

been presented to the administrative agency. ... [Citation.] While "less specificity is required to preserve an issue for appeal in an administrative proceeding than in a judicial proceeding" ... generalized environmental comments at public hearings, relatively ... bland and general references to environmental matters' [citation], or isolated and unelaborated comment[s] [citation] will not suffice. The same is true for "[g]eneral objections to project approval. ..." [Citations.] [Citation.] "[T]he objections must be sufficiently specific so that the agency has the opportunity to evaluate and respond to them." '' ( Sierra Club v. City of Orange (2008) 163 Cal.App.4th 523, 535-536, 78 Cal.Rptr.3d 1.) "An appellate court employs a de novo standard of review when determining whether the exhaustion of administrative remedies doctrine applies." ( Id . at p. 536, 78 Cal.Rptr.3d 1.)

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