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ARTICLE · 13 JULY 2012

Parties Must Exhaust Administrative Remedies Before Challenging Even A CEQA Exemption

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The California Supreme Court recently reinforced the CEQA requirement that a party must exhaust administrative remedies even where the public agency finds a project exempt from CEQA, if the agency (a) gave notice of the grounds for its exemption determination; and (b) held a public hearing on the project at which the public had the opportunity to object to the exemption determination, even though CEQA does not require the filing of a notice of determination for exemption determinations.

United StatesLitigation, Mediation & Arbitration
Jeffrey Forrest
Jeffrey Forrest
Whitney Hodges
Whitney Hodges
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Tomlinson v. County of Alameda et al., S188161 (Supreme Court, June 14, 2012)

The California Supreme Court recently reinforced the CEQA requirement that a party must exhaust administrative remedies even where the public agency finds a project exempt from CEQA, if the agency (a) gave notice of the grounds for its exemption determination; and (b) held a public hearing on the project at which the public had the opportunity to object to the exemption determination, even though CEQA does not require the filing of a notice of determination for exemption determinations. This decision reversed the appellate court, and it represents a departure from the majority of prior appellate and superior court decisions on this issue.

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