Filing a Notice of Exemption Triggers a 35-day Statute of Limitations for CEQA-Based Challenge to the Project Approval

The California Supreme Court ruled last week that filing a Notice of Exemption triggers CEQA’s 35-day statute of limitations and that plaintiffs cannot avoid the limitations period by claiming defects in the underlying project approval process. In a lengthy opinion for Stockton Citizens for Sensible Planning v. City of Stockton, the Court’s comprehensive discussion led to a simple, straightforward conclusion – where a lead agency files a Notice of Exemption, the statute of limitations is 35 days for all CEQA challenges to the exemption determination. Read more here.