This report analyzes all published opinions from 1997 through 2012 litigated to the California Court of Appeal or the California Supreme Court concerning the analytical validity of an Environmental Impact Report (EIR) or Negative Declaration – or the applicability of a Categorical Exemption – under the California Environmental Quality Act (CEQA).
This 15-year report of CEQA jurisprudence presents information about the kinds of projects that are targeted by these CEQA lawsuits, identifies the "win-loss" record of CEQA petitioners seeking to overturn an agency decision based on alleged CEQA compliance flaws, describes the types of parties that file CEQA lawsuits and notes the environmental study topics that appellate courts most often consider in CEQA lawsuits. The survey excludes CEQA cases that turned exclusively on a procedural question, such as whether the case was timely filed under the statute of limitations or whether proper notice was provided of the availability of CEQA documentation for public review.
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