RECENT CALIFORNIA DECISIONS

June 2008

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First District Court Holds Resubmittal of Expired Tentative Map Does Not Constitute a New Project under CEQA—Supplemental Review Required for New Water Supply
Moss v. County of Humboldt, ___Cal.App.4th___

The First District Court of Appeal held that a developer who resubmitted a tentative map for a proposed subdivision after its previous approval had expired while the project was tied up in litigation did not propose a “new project” requiring separate environmental review under the California Environmental Quality Act (CEQA). Supplemental environmental review was required; however, to study the project’s newly identified potential to contribute to a water shortage downstream of the project site and its potential impacts on the local fish population.