When a proposed project in California, say a new condominium or
a power plant, requires environmental review under the California
Environmental Quality Act (CEQA), a project opponent can,
effectively, block a project from moving forward even if it has the
necessary approvals from the local government agency that has
oversight. This is because the project opponent can appeal
the local agency's final CEQA determination to state court
through a petition for writ of mandamus. Once the petition is
filed, the project opponent, now the petitioner, can control, under
current law, preparation of the administrative record that needs to
be lodged with the court. A petitioner may also be able to
leverage a monetary settlement which may not be related to
mitigation measures meant to address the alleged environmental
effects that the CEQA determination failed to adequately
address.
