In the Absence of CEQA Review, In-Lieu Fee Programs Cannot Presumptively Establish Full Mitigation of Environmental Impacts

The Third Appellate District Court of California held in the case California Native Plant Society v. County of El Dorado, that the payment of a rare plant impact in-lieu fee, which was not reviewed under the California Environmental Quality Act (CEQA), does not presumptively establish that the environmental impacts to rare plants for all projects are fully mitigated such that a developer is entitled to a mitigated negative declaration.

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