this includes san diego, santa barb raw u atus cudairy, napa, tuhatchopy, hum bolt, kern county and countless other jurisdictions afirm a categorical exemption may not be issued for sauch site. additionally, courts and other decision making bodies have also conformed the statutory language means just what it says. we attached as exhibit 5 to the supplemental brief a 2009 order from the regional water quality control board granted a petition from the citizens group and reversed the san francisco bay board decision to adopt clean up and abatement order, for a site in richmond california. the local board when it adopt thd cao found thudungez the cao was categoryically exempt under sequa. again, this is exhibit 5 for the supplemental brief. let me read you what the state water resources control board said. because the site is currently on the cor daze taizy list the use of categorical exemption isn't proper and evaluates sequa. the board went on to say, the sites placement on a cor taizy list precludes the use of a categorical exemption. i use that word, precludes in our appeal and the department