ELR Citation: ELR 20201
No(s). C049919 (Cal. App. 3d Dist. Sep 21, 2006)

A court upheld a lower court decision ordering the state wildlife conservation board to set aside its approval of a project involving the conversion of agricultural land into wildlife habitat as categorically exempt from the California Environmental Quality Act (CEQA). Despite the intended beneficial environmental purpose of the project, it is not categorically exempt from the CEQA. Nor does it fall within the common sense exemption to the CEQA. In addition, because the plaintiffs are successful parties who vindicated an important right, they are entitled to attorney fees.