SPEAK UP! When Using the California Environmental Quality Act (CEQA) to Oppose a Land Use or Development Project.

When using CEQA to challenge a land use decision it is imperative to exhaust your administrative remedies by raising CEQA concerns to the public agency and appealing to the highest decision maker.  Failure to do so may preclude your chance to bring a claim later. When litigating a CEQA claim, beware for subsequent action when a City or County has vacated an EIR, recirculated, and certified the EIR.

Can CEQA Mitigation Measures Be Changed After Project Approval?

CEQA now requires that human health effects be disclosed and that the public is informed of the human health effects associated with a project’s impacts to air quality and emissions. In addition, a California court has allowed for a city to include a substitution clause in the EIR's mitigation measures. In short, public agencies, under certain conditions, may be able to alter mitigation measures down the road without further public review or disclosure.