In an opinion published on August 17, 2020, the Third Appellate District in Martis Camp Community Association v. County of Placer ruled that Placer County had violated CEQA by adopting an addendum to support abandonment of a roadway. Despite the statutory presumption against subsequent review under CEQA, the Third District determined that the County had
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 – (March 24, 2020, D074374) __ Cal.5th__
The Fourth District in Citizens for a Responsible Caltrans Decision v. Department of Transportation overturned a lower court’s dismissal of a citizen group’s challenge to an exemption issued by California Department of Transportation (“Caltrans”) for a highway interchange project in San Diego, finding that the Petitioner had pled facts sufficient to allow the lower court to find that the action was timely, and finding as a matter of first impression that the Project was not exempt from CEQA. This case is a good reminder that courts will strictly scrutinize agency action that appears designed to deceive the public, even if well-intended.