Governor Signs Bill Streamlining CEQA Litigation For "Environmental Leadership Development Projects"

California Governor Jerry Brown just signed AB 900, the Jobs and Economic Improvement Through Environmental Leadership Act of 2011.  This bill creates a streamlined litigation process for challenges to environmental impact reports for certain projects that are expected to create jobs and cause relatively few environmental impacts.  The bill allows these cases to be heard directly by the court of appeal, on an expedited basis, bypassing the trial court. 

By contrast, the bill does not streamline – but instead potentially complicates – the lead agency's processing of qualified projects before litigation begins.  The bill requires that the lead agency prepare an administrative record as the project is being processed and that it post record documents online within days of receiving or creating them.  Many agencies may find these requirements difficult to implement.