Yesterday, OPR announced the new draft CEQA Guidelines on SB 226’s infill provisions. As always, the devil is in the details, and OPR does an admirable job explaining the basis for its intended direction. Notably, OPR stakes out the position that the traditional substantial evidence test applies, not the less deferential fair argument standard. It is hard to believe that this position will go unchallenged (think back to Communities for a Better Environment v. California Resources Agency (2002) 103 Cal.App.4th 98.) Check out the draft Guidelines at