Environmental Impact Report Statute of Limitations

News & Analysis as of

Failure to Describe Project Changes Results in 180-Day Statute of Limitations for CEQA Challenge (Ventura Foothills Neighbors v....

Why it matters: When a project’s subsequent CEQA documents fail to clearly provide public notice of material changes to a project, CEQA’s short statutes of limitation may not apply....more

Undisclosed Change in Building Height Requires Supplemental EIR

Ventura Foothill Neighbors v. County of Ventura (12/15/14, 2d Civil No. B254120) - The Court of Appeal for the Second Appellate District of California has ruled that (i) a 20% increase in the actual height of a...more

Second District Holds Short CEQA Statute Of Limitations Not Triggered By NOD That Fails To Provide Public Notice Of Material...

On December 15, 2014, the Second District Court of Appeal (Division 6) issued a pithy published opinion affirming the Ventura County Superior Court’s judgment. The judgment granted a peremptory writ of mandate requiring...more

Project Built at Variance With EIR Subject to Late CEQA Lawsuit

Ordinarily the threat of a lawsuit under the California Environmental Quality Act (“CEQA”) passes once the statute of limitation expires – in most cases 30 days after the filing of a Notice of Determination. But a recent...more

Three NEPA Practices That Should Go the Way of Voting on Tuesdays

...national elections are still held on Tuesdays early in November and it appears to be stuck that way, even at the expense of broader citizen engagement. NEPA practice follows this same trend, often at the expense of...more

No Relief Under CCP Section 473 For Missed Filing Deadline In CEQA Challenge

Alliance for the Protection of the Auburn Community Environment, et al. v. County of Placer, SCV0028200 (3rd Dist., February 18, 2013). In Alliance for the Protection of the Auburn Community Environment v. County of...more

Are Courts Actively Limiting CEQA’s Scope In The Absence Of Meaningful Legislative Reform?*

While no California Environmental Quality Act (“CEQA”) reform was achieved by the California Legislature in its last session, Senate President Pro-Tem Darrell Steinberg has indicated in a recently-issued statement that it...more

CEQA Year In Review 2012

In This Issue: - Project Approvals Triggering CEQA ..Chung v City of Monterey Park (2012) 210 CA4th 394 ..Tuolumne Jobs and Small Business Alliance v Superior Court) 210 CA4th 1006 (petition for review pending,...more

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