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Statute of Limitations › Appeals › California Environmental Quality Act

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
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

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

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

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

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

Perkins Coie

Untimely CEQA Suit Barred Regardless of Substantive Merits

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The court of appeal held that CEQA claims filed more than 30 days after the City filed a facially valid Notice of Determination were barred by the statute of limitations regardless of whether the agency lacked authority to...more

Downey Brand LLP

Two CEQA Statute of Limitations Cases, Two Different Results

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California Courts of Appeal recently issued two cases addressing the strict statute of limitations applicable to agency action under CEQA. Citizens for a Responsible Caltrans Decision v. Department of Transportation – ...more

Perkins Coie

Court Upholds San Diego Convention Center Expansion

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A court of appeal has rejected Coastal Act and CEQA challenges to the Coastal Commission’s approval of expansions at the San Diego Convention Center. San Diego Navy Broadway Complex Coalition v. California Coastal Commission,...more

Sheppard Mullin Richter & Hampton LLP

Fall Season Results in California Coastal Commission Victories

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This Fall, the California Coastal Commission (“Commission”) was handed down two significant victories, further cementing its authority and jurisdiction within California coastal zones. These cases demonstrate that, in certain...more

Perkins Coie

Agency Inaction Is Not a CEQA Project

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An agency’s failure to maintain a historic building—“demolition by neglect”—is not a “project” subject to CEQA. Lake Norconian Club Foundation v. California Department of Corrections and Rehabilitation, No. A154917 (First...more

Perkins Coie

CEQA Year In Review 2018

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more

Latham & Watkins LLP

California Appeals Court: Which Conflicting Limitations Period Applies to CEQA Claim

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CEQA Case Report: Understanding the Judicial Landscape for Development - In a published opinion issued on October 23, 2018, Save Lafayette Trees v. City of Lafayette, Case No. A154168, the California Court of Appeal...more

Perkins Coie

City Approval of Agreement for Tree Removal Triggered 90-Day Statute of Limitations Under Planning and Zoning Law

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Broadly construing Government Code § 65009, which establishes a 90-day limitations period for claims under the Planning and Zoning Law, an appellate court held that approval of an agreement allowing removal of trees...more

Downey Brand LLP

Court of Appeal Allows CEQA Challenge to PG&E Tree Removal Project to Proceed, But Finds Claims under Planning & Zoning Law...

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On October 23, the First Appellate District issued its opinion in Save Lafayette Trees v. City of Lafayette et al. (Case No. A154168) finding that Save Lafayette Trees’ (“Save Lafayette”) CEQA challenge to a Pacific Gas and...more

Sheppard Mullin Richter & Hampton LLP

Undisclosed Change in Building Height Requires Supplemental EIR

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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

Miller Starr Regalia

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

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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

Miller Starr Regalia

First District Holds CEQA Statute Of Limitations Bars Citizens Group’s Challenge To College Of San Mateo Tree Cutting

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In a published opinion, the First District Court of Appeal reversed the trial court’s judgment granting a writ and held that a CEQA action filed by a citizens group against a community college district and its board of...more

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