Western States Petroleum Association v. Superior Court
(1995) 9 Cal.4th 559
The California Supreme Court ruled that the “substantial evidence” standard of review prescribed by Public Resources Code section 21168.5, is analogous to the substantial evidence standard of review applied by appellate courts to evaluate findings of fact made by trial courts. The Court also ruled that the issue of whether an administrative decision is supported by substantial evidence is a question of law, and, as a consequence, courts generally may not consider evidence not contained in the administrative record when reviewing the substantiality of evidence supporting a quasi-legislative administrative decision under Public Resources Code section 21168.5.
The Court also held that extra-record evidence is generally not admissible to show an agency had not proceeded in a manner required by law in making quasi-legislative decisions.
[TLG counsel of record: Tina A. Thomas.]
Full court decision available at www.ceres.ca.gov.