California, United States of America
The following excerpt is from Flanders Found. v. City of Carmel–By–the–Sea, 12 Cal. Daily Op. Serv. 257, 135 Cal.Rptr.3d 221, 2012 Daily Journal D.A.R. 121, 202 Cal.App.4th 603 (Cal. App. 2012):
Judicial review of an agency's decision to certify an EIR and approve a project shall extend only to whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the agency has not proceeded in a manner required by law or if the determination or decision is not supported by substantial evidence. [Citations.] Thus, we consider only whether the City failed to comply with CEQA or made determinations that were not supported by substantial evidence. ( Preservation Action Council v. City of San Jose (2006) 141 Cal.App.4th 1336, 1352, 46 Cal.Rptr.3d 902,( PAC ); Pub. Resources Code, 21168.)
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