If a proper initial study has been conducted, does the standard of review shift to a de novo review of whether an EIR was required?

If a proper initial study has been conducted, the standard of review shifts to a de novo review of whether an EIR was required. Thus, in reviewing the final decision to issue a negative declaration, or mitigated negative declaration, we apply the " 'fair argument' test," asking whether the record shows substantial evidence supporting a fair argument that a proposed project may have significant effect on the environment. (City of Redlands v. County of San Bernardino (2002) 96 Cal.App.4th 398, 405.) "If such evidence exists, the court must set aside the agency's decision to adopt a negative declaration as an abuse of discretion in failing to proceed in a manner as required by law." (Ibid.)

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