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California Environmental Quality Act Statute of Limitations

Perkins Coie

CEQA Statute of Limitations Not Triggered by Planning Commission NOD While Appeal to Board of Supervisors Was Pending

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A Court of Appeal held that the CEQA statute of limitations period does not begin to run after the filing of an initial notice of determination if the project is appealed. Central for Biological Diversity v. County of San...more

Miller Starr Regalia

Timing Remains Everything: Sixth District Holds CEQA Notice of Determination Filed Before County’s Final Project Approval Decision...

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The Sixth District Court of Appeal filed on July 24, and later certified for publication on August 6, 2024, its opinion in Center for Biological Diversity et al. v. County of San Benito, et al. (2024) __ Cal.App.5th __.  The...more

Miller Starr Regalia

Reversal of Misfortune: Second District Holds CEQA Action Challenging Los Angeles Housing Development Project Barred By Statute of...

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In a published opinion filed on January 17, 2024, the Second District Court of Appeal (Div. 5) reversed a trial court judgment overturning a mitigated negative declaration (MND) and requiring an EIR for a 42-single family...more

Perkins Coie

The First Project Approval Establishes the Appropriate Statute Of Limitations for CEQA Challenges, Even When the CEQA Document Is...

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A court of appeal held a CEQA challenge time-barred because it was not commenced within 30 days after a Notice of Determination (NOD) was filed for approval of a subdivision map based upon a Mitigated Negative Declaration...more

Downey Brand LLP

Filing Multiple NODs does not Restart Statute of Limitations

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In Guerrero et al v. City of  Los Angeles (January 17, 2024, No. B326033 c/w B327032) ___Cal.App.5th___,  the Second District Court of Appeal held that the project opponents did not timely file their CEQA lawsuit. The...more

Downey Brand LLP

Substantial Changes to Marilyn Monroe Art Installation Extends Statute of Limitations to Challenge Under CEQA

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In Committee to Relocate Marilyn v. City of Palm Springs (Feb. 23, 2023, D080907) __Cal.App.5th__ [2023 Cal. App. LEXIS 120], the Fourth District Court of Appeal held that the petition filed by the Committee to Relocate...more

Miller Starr Regalia

“Permanent Vacation” In Palm Springs? – Fourth District Holds CEQA’s Short 35-Day Statute of Limitations Does Not Apply Despite...

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In a published opinion filed on February 23, 2023, the Fourth District Court of Appeal reversed a judgment of dismissal after the sustaining of a demurrer and held that an amended writ petition challenging a city’s street...more

Miller Starr Regalia

Fatal “Exhaustion”: Fifth District Holds CEQA’s Statute of Limitations Ran Out On Plaintiff’s Claim While Plaintiff Thought It Was...

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As all CEQA practitioners know, a prospective petitioner in a writ proceeding challenging a CEQA determination must first exhaust available administrative remedies as a prerequisite to filing suit.  But which remedies are...more

Downey Brand LLP

Exhausting Administrative Remedies Does Not Toll the Statute of Limitations When the CEQA Determination Is Not at Issue

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In American Chemistry Council v. Dept. of Toxic Substances Control (Nov. 18, 2022, F082604) __Cal.App.4th__ [2022 Cal. App. LEXIS 1004], the Fifth District Court of Appeal found a CEQA challenge to the regulatory decision of...more

Miller Starr Regalia

First District Holds LA’s Water Allocations To Agricultural Lessees Were Authorized Under Existing Leases And Did Not Constitute...

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The First District Court of Appeal filed on June 30, and later ordered published on July 26, 2022, its opinion in County of Mono v. City of Los Angeles (1st Dist. No. A162590) __ Cal.App.5th __.  The case involves another...more

Miller Starr Regalia

Sixth District Belatedly Orders Published Its Opinion Upholding Constitutionality Of Judicial Council’s Emergency Rule Altering...

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On June 1, 2022, the Sixth District Court of Appeal, in response to a request for publication, ordered that its previously unpublished May 9, 2022 opinion in Committee for Sound Water and Land Development v. City of Seaside...more

Miller Starr Regalia

Sixth District Upholds Constitutionality of Judicial Council’s Covid Emergency Rules Altering CEQA’s Statutes of Limitations In...

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As the world continues to dig out from the aftermath of the Covid 19 pandemic, the aftereffects of the earliest phase of lockdowns continue to be felt, including in the world of CEQA litigation.  While this blog does not...more

Perkins Coie

CEQA Year in Review 2021

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - Introduction - The courts issued relatively few published CEQA decisions in 2021, with no California Supreme Court activity and...more

Perkins Coie

Failure to Timely Name and Serve Real Parties In Interest Does Not Warrant Dismissal Of An Entire CEQA Action if The Unnamed...

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In the first reported interpretation of a 2021 amendment to CEQA’s statute of limitations provisions, the First District Court of Appeal addressed “whether an action against a lead agency must be dismissed–despite being filed...more

Perkins Coie

Agreement to Extend Statute of Limitations for CEQA Claim Was Ineffective Because It Did Not Include an Indispensable Party

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The Court of Appeal held that a CEQA challenge to a decision approving removal of trees adjacent to PG&E gas pipelines was time-barred because an agreement to toll the statute of limitations did not include PG&E, which was an...more

Miller Starr Regalia

A Teaching Moment? First District Affirms CEQA Action Demurrer Order Finding Late-Joined Developers of UC Berkeley Campus Project...

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In a published opinion filed October 21, 2021, the First District Court of Appeal affirmed the trial court’s order finding the real party developers of a UC Berkeley campus development project – undertaken for the...more

Downey Brand LLP

First District Court of Appeal Finds CEQA Claim Time-Barred Due to Insufficient Tolling Agreement

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On June 30, 2021, in Save Lafayette Trees, et. al v. East Bay Regional Park District (Pacific Gas and Electric Company, Real Party in Interest), the First District Court of Appeal upheld the dismissal of a CEQA claim as...more

Miller Starr Regalia

First District Addresses CEQA Statute of Limitations And Tolling Agreement Rules In Affirming Judgment Upholding EBRPD’s Approval...

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In a published opinion filed June 30, 2021, the First District Court of Appeal applied well-established CEQA statute of limitations rules, and a “persuasive dictum” from one of its prior decisions addressing the requirements...more

Miller Starr Regalia

Sixth District Affirms Judgment Dismissing CEQA Action For Failure To Timely Join Indispensable Real Party Within Limitations...

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In a published opinion filed February 9, 2021, the Sixth District Court of Appeal affirmed the trial court’s judgment dismissing a CEQA action challenging the EIR and project approvals for two development options (1.2 million...more

Downey Brand LLP

Properly Posting Notice of Determination Triggers Short CEQA Statute of Limitations Despite Not Providing the Notice to Petitioner...

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Published on February 9, 2021, the Court of Appeal in Organizacion Comunidad de Alviso v. City of San Jose held that the City of San Jose’s (“City’s”) posting of a second, revised Notice of Determination (“NOD”) adequately...more

Haight Brown & Bonesteel LLP

Constructive Notice Established as Obstacle to Relation Back Doctrine

In Organizacion Comunidad de Alviso v. City of San Jose, the Sixth Appellate District held that the relation back doctrine was inapplicable where a plaintiff received constructive notice of a defendant’s identity months prior...more

Perkins Coie

CEQA Year in Review 2020

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A Summary of Published Appellate Opinions Involving the California Environmental Quality Act - Despite relatively few published opinions this year, there were significant appellate court rulings on a range of topics,...more

Miller Starr Regalia

Governor Extends Conditional Suspension of Requirements Related to Posting CEQA Notices with County Clerks

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In late September, Governor Newsom signed Executive Order N-80-20 (“EO 80-20”), which, among other things, extends the protections of a handful of previously issued executive orders related to COVID-19.  As relevant to CEQA...more

Perkins Coie

Judicial Council Shortens Tolling Period for Statutes of Limitations

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As we previously reported, on April 6, 2020, the California Judicial Council adopted an emergency rule suspending (or “tolling”) the running of statutes of limitations on civil claims during the state of emergency declared by...more

Manatt, Phelps & Phillips, LLP

Amended Court Rule Provides Certainty for CEQA Statutes of Limitations

On April 6, 2020, the Judicial Council of California (Council) adopted a court rule that tolled statutes of limitations for all civil causes of action until 90 days after the Governor declares that the state of emergency is...more

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