§ 15234. Remand.
14 CA ADC § 15234Barclays Official California Code of Regulations
14 CCR § 15234
§ 15234. Remand.
(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:
(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.
Credits
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21005 and 21168.9, Public Resources Code; Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2013) 57 Cal. 4th 439; Preserve Wild Santee v. City of Santee (2012) 210 Cal. App. 4th 260; Golden Gate Land Holdings, LLC v. East Bay Regional Park Dist. (2013) 215 Cal. App. 4th 353; POET, LLC v. State Air Resources Board (2013) 218 Cal. App. 4th 681; and Silverado Modjeska Recreation and Parks Dist. v. County of Orange (2011) 197 Cal. App. 4th 282.
History
1. New section filed 12-28-2018; operative 12-28-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 52).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 14, § 15234, 14 CA ADC § 15234
End of Document |