California Codes

Cal. Public Resources Code § 21082.2 (2026)

✓ current as of May 2026

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(a)The lead agency shall determine whether a project may have a significant effect on the environment based on substantial evidence in light of the whole record.

(b)The existence of public controversy over the environmental effects of a project shall not require preparation of an environmental impact report if there is no substantial evidence in light of the whole record before the lead agency that the project may have a significant effect on the environment.

(c)Argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence of social or economic impacts which do not contribute to, or are not caused by, physical impacts on the environment, is not substantial evidence. Substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts.

(d)If there is substantial evidence, in light of the whole record before the lead agency, that a project may have a significant effect on the environment, an environmental impact report shall be prepared.

(e)Statements in an environmental impact report and comments with respect to an environmental impact report shall not be deemed determinative of whether the project may have a significant effect on the environment.

Notes of Decisions

Cited in 3 cases, 1985–2001 · leading case: Citizens Ass'n for Sensible Dev. of Bishop Area v. Cnty. of Inyo, 172 Cal. App. 3d 151 (Cal. Ct. App. 1985).

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Citizens Ass'n for Sensible Dev. of Bishop Area v. Cnty. of Inyo, 172 Cal. App. 3d 151 (Cal. Ct. App. 1985). “Upon remand, Public Resources Code section 21082.2 is the controlling authority.”

City of South Gate v. Los Angeles Unified Sch. Dist., 184 Cal. App. 3d 1416 (Cal. Ct. App. 1986). “) Public Resources Code section 21082.2, subdivision (a) states: “The lead agency shall determine whether a project may have a significant effect on the environment based on substantial evidence in the record.”

City of Vernon v. Pub. Utils. Comm'n, 88 Cal. App. 4th 672 (Cal. Ct. App. 2001). “) Public Resources Code section 21082.2 provides: “(a) The lead agency shall determine whether a project may have a significant effect on the environment based on substantial evidence in light of the whole record.”

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