#4 Judicial Review (guest speaker)

Where are NEPA lawsuits generally filed?

In Federal District Court

Which district court covers Northern California?

The Northern District of California

What is the next step after a District Court decision?

Appeal to the U.S. Court of Appeals

Which Court of Appeals covers California?

The Ninth Circuit (based in San Francisco)

Do parties have a right to appeal to the Court of Appeals?

Yes, it is a guaranteed (free) right

What is the final level of appeal in the federal system?

The U.S. Supreme Court

Is there a guaranteed right to appeal to the Supreme Court?

No, the Court chooses which cases to hear

How common are NEPA cases at the Supreme Court level?

Extremely rare (only about a dozen cases)

Venue shopping

Choosing a court location likely to be more favorable to your case

What is notable about the Ninth Circuit Court?

It is the largest circuit in the U.S. and often handles controversial cases

What are the two jurisdictional elements required for a federal lawsuit?

Cause of action and justiciability

What is a “cause of action”?

Legal authority that allows you to bring a lawsuit

Justiciability

Whether a case is appropriate for a court to decide

What does the Administrative Procedure Act (APA) allow courts to review?

Whether agency actions are arbitrary, capricious, an abuse of discretion, or not in accordance with law

What procedural issue can courts review under the APA?

Whether the agency failed to follow required procedures

What is required to establish standing?

A real case or controversy and a specific injury caused by the action

What types of injuries qualify for standing?

Both physical and aesthetic injuries

Why must standing be clearly explained?

To show the court you have a valid reason to bring the lawsuit

What remedies are available in NEPA cases?

Injunctions (preliminary or permanent) and writs of mandate

Are monetary damages typically awarded?

No, except sometimes legal fees

Where do CEQA cases begin?

California Superior Court (county level)

What is the next level after Superior Court?

California Courts of Appeal

Is there a guaranteed right to appeal in CEQA cases?

No

What is the highest court in California for CEQA cases?

The California Supreme Court

What special requirement exists for CEQA cases in large counties?

Judges may specialize in CEQA cases

Why can CEQA cases be challenging for judges?

They involve complex, technical, and lengthy documents

How often are CEQA decisions challenged?

Less than 1% of cases

Do courts usually side with agencies?

Yes, but not always

What are the time limits for filing CEQA lawsuits?

• 35 days after a Notice of Exemption

• 30 days after a Notice of Determination

What did Friends of Mammoth v. Board of Supervisors (1972) establish?

CEQA should be interpreted to provide the fullest possible environmental protection

What triggered the Richardson Grove lawsuits?

Alleged CEQA and NEPA violations related to a highway project

What is a preliminary injunction?

A court order temporarily halting a project

Why did the federal court halt the project?

Due to concerns about inaccurate environmental data and analysis

What did the court find wrong with Caltrans’ analysis?

It was arbitrary and capricious due to data inaccuracies

What did the federal court require Caltrans to do?

Revise its environmental assessment with corrected data

What does a CEQA court evaluate?

The adequacy of the environmental document, not whether conclusions are correct

What did the state court conclude about environmental impacts?

Substantial evidence supported a finding of no significant effects

What issue did the court identify with mitigation?

A lack of a proper reporting and monitoring program

What did the court order Caltrans to do?

Develop a reporting and monitoring program