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CEQA Updates

Keeping You Up-to-Date on the California Environmental Quality Act

Federal Court Affirms that the 90-day Rule to Request a CEQA Hearing is Mandatory


In Friends of Roeding Park v. City of Fresno (E.D. 2012) 2848 F. Supp. 2d 1152, the District Court granted the city’s motion to dismiss Plaintiffs’ lawsuit challenging the planned expansion of the Fresno Chafee Zoo ruling (1) the Court lacks subject matter jurisdiction over Plaintiffs’ National Environmental Policy Act (NEPA), National Historic Preservation Act (NHPA), and Land and Water Conservation Fund Act (LWCFA); (2) Plaintiffs failed to state any cognizable Equal Protection and Due Process claims under 42 U.S.C. § 1983; (3) Plaintiffs failed to state a California Code of Civil Procedure § 526(a) claim; and (4) Plaintiffs failed to request a hearing within 90 days of the filing of the petition as required by the California Environmental Quality Act (CEQA). The CEQA claim was dismissed without leave to amend.

Written By: Tina Thomas and Chris Butcher

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For questions relating to this blog post or any other California land use, environmental and/or planning issues contact Thomas Law Group at (916) 287-9292.

The information presented in this article should not be construed to be formal legal advice by Thomas Law Group, nor the formation of a lawyer/client relationship. Readers are encouraged to seek independent counsel for advice regarding their individual legal issues.

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dateFebruary 3rd, 2012byby


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