In an opinion filed on March 29, 2024, the First District Court of Appeal found that a CEQA claim was not mooted by completion of a project to demolish an existing shooting range and to construct a new shooting range. The Court found that a CEQA claim is not mooted upon completion of a project where “mitigation measures could still be imposed to reduce or avoid the significant environmental impacts alleged in the Petition,” even where the petitioner did not seek a preliminary injunction staying construction during the pendency of the litigation. In fact, the Court stated that “we see no legal basis for concluding that a petitioner’s earlier failure to seek injunctive relief requires a court to find a CEQA claim moot in a situation in which effective relief remains available.” The Court's opinion in in Vichy Springs Resort, Inc. v. City of Ukiah, et al. can be found here.

Thus, while the Project may be complete, mitigation measures could still be imposed to reduce or avoid the significant environmental impacts alleged in the Petition.

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