RECENT CALIFORNIA DECISIONS

June 2009

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Fourth District Rules CEQA 30-Day Statute of Limitations Applies to Agency Action Taken Pursuant to a Certified Regulatory Program
Strother v. California Coastal Commission, ___Cal. App.4th___

The California Court of Appeal, Fourth Appellate District, overturned a trial court’s decision to dismiss a petition for writ of mandate challenging an action taken by the California Coastal Commission (Coastal Commission) pursuant to a certified regulatory program. Harmonizing potentially conflicting statute of limitations provisions in the California Environmental Quality Act (CEQA) and the California Coastal Act, the Court of Appeal held that the petitioners had timely filed their petition pursuant to CEQA and were entitled to proceed with a limited challenge to the Coastal Commission’s action.