Fourth District Court of Appeal Upholds Motion to Dismiss CEQA Petition for Failure to Request a Hearing in Unpublished Decision
In the unpublished case Watchdogs v. California State Lands Commission (D077166, April 02, 2021), the Fourth District Court of Appeal upheld the trial court’s decision to grant a motion to dismiss a CEQA writ petition for failure to request a hearing on the petition as required by Public Resources Code section 21167.4, subdivision (a).
The court described the petitioner and appellant in the case as a nonprofit organization with a focus on ensuring that government agencies comply with public safety and environmental laws. The petitioner’s counsel filed a claim alleging that the California Coastal Commission violated CEQA when the Commission certified a final EIR for dismantling the San Onofre Nuclear Generation Station. However, the petitioners failed to request a hearing on the petition within 90 days, as required by CEQA, and respondents moved to dismiss the petition. The trial court declined to grant relief from default for an excusable mistake under Code of Civil Procedure section 473, subdivision (b).
The Fourth District Court of Appeal upheld the trial court’s decision, finding that the trial court did not commit an abuse of discretion when declining to set aside the default under section 473(b). The appellate court found the trial court’s holding to be well reasoned, thorough, and supported by evidence. Thus, the appellate court did not find that the abuse of discretion standard could be met in order to disturb the trial court’s decision. In reaching its conclusion, the appellate court compared compliance with the CEQA requirement to request a hearing to CEQA’s strict statute of limitations.