ELR Citation: ELR 20088
No(s). H030986 (Cal. App. 6th Dist. Apr 10, 2008)

A California appellate court held that an environmental group's claims against a county concerning certain trails are not time barred. The group claimed that the county board approved activities with respect to the proposed trails without the requisite environmental review under the California Environmental Quality Act (CEQA). They also claimed that environmental review was improperly deferred and left to other jurisdictions even though the board's approval committed the county to a definite course of action that conflicted with certain general use permit conditions. The group's claims are governed by the CEQA statute of limitations rather than the more general provisions of the California Government Code. Hence, the lower court incorrectly sustained defendant's demurrer without leave to amend on grounds that the proceedings were necessarily time barred.