Keeping the “Golden Door” Cracked Open: California Supreme Court Extends Period to Consider Review of CEQA Administrative Record Case

Miller Starr Regalia
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Miller Starr Regalia

On October 23, 2020, the California Supreme Court issued an order extending until December 7, 2020, or the date upon which review is either granted or denied, the time for granting or denying review in Golden Door Properties, LLC, et. al. v. Superior Court (County of San Diego et. al., Real Parties in Interest) (4th Dist. 2020) ___ Cal.App.5th ___.  The Court of Appeal’s decision, originally published on July 30, and modified upon denial of rehearing on August 25, 2020, held that a lead agency is required to retain, and may not  destroy, writings within the scope of CEQA’s mandatory and broadly-inclusive administrative record statute, Public Resources Code § 21167.6.

Three petitions for review of the case were filed on September 8, 2020 – by Petitioner Golden Door and Real Parties County of San Diego and Newland Sierra, LLC – and the case has generated statewide interest among public agencies concerned that it imposes onerous and expensive record-keeping obligations that may conflict with local record retention policies.  I previously blogged on the original Court of Appeal opinion here and on the modified opinion here.

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