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ARTICLE · 04 JUNE 2021

Extended And Expanded: Litigation Streamlining For Environmental Leadership Projects

Allen Matkins Leck Gamble Mallory & Natsis LLP
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On May 20, 2021, Governor Newsom signed Senate Bill (SB) 7 into law, which reenacts the Jobs and Economic Improvement Through Environmental Leadership Act (the Act)...

United StatesReal Estate and Construction
Caroline Guibert Chase
Caroline Guibert Chase
Amarveer Brar
Amarveer Brar

On May 20, 2021, Governor Newsom signed Senate Bill (SB) 7 into law, which reenacts the Jobs and Economic Improvement Through Environmental Leadership Act (the Act) and extends the date of repeal to January 1, 2026. The Act requires expedited judicial review for California Environmental Quality Act (CEQA) and other legal challenges for certified Environmental Leadership Development Projects. Among other things, SB 7 includes more robust labor-related requirements and expands certification eligibility to smaller housing projects. SB 7 is an emergency statute that went into effect immediately.

Expedited Judicial Review

Environmental Leadership Development Project (ELDP) certification has the potential to reduce the length of litigation by years. It limits the timeframe –to the extent feasible– for the resolution of lawsuits related to the CEQA Environmental Impact Report (EIR) and other project approvals to 270 days from the filing of record of proceedings for the

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