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- Title 14. Natural Resources
- Division 6. Resources Agency
- Article 3. Special Provisions
Cal. Code Regs. Tit. 14, § 15234 Remand
Library | California Code of Regulations |
Edition | 2023 |
Currency | Current through Register 2023 Notice Reg. No. 52, December 29, 2023 |
Citation | Cal. Code Regs. Tit. 14, § 15234 |
Year | 2023 |
(a) Courts may fashion equitable remedies in CEQA litigation. If a court determines that a public agency has not complied with CEQA, and that noncompliance was a prejudicial abuse of discretion, the court shall issue a peremptory writ of mandate requiring the agency to do one or more of the following:
-
(1) void the project approval, in whole or in
part;
-
(2) suspend any project
activities that preclude consideration and implementation of mitigation
measures and alternatives necessary to comply with CEQA; or
-
(3) take specific action necessary to bring
the agency's consideration of the project into compliance with
CEQA.
(b) Following a determination described in subdivision (a), an agency or project proponent may only proceed with those portions of the challenged determinations, findings, or decisions for the project or those project activities that the court finds:
-
(1) are severable;
-
(2) will not prejudice the agency's
compliance with CEQA as described in the court's peremptory writ of mandate
and
-
(3) complied with
CEQA.
(c) An agency may also proceed with a project, or individual project activities, during the remand period where the court has exercised its equitable discretion to permit project activities to proceed during that period.
(d) As to those portions of an environmental document that a court finds to comply with CEQA, additional environmental review shall only be required by the court consistent with principles of res judicata. In general, the agency need not expand the scope of analysis on remand beyond that specified by the court.
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