July 5, 2020

Volume X, Number 187

July 03, 2020

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Requirement to Post CEQA Notices in County Clerk’s Office Suspended for 60 Days

On April 22, 2020, California Governor Gavin Newsom issued Executive Order N-54-20, immediately suspending certain notice deadlines and Native American consultation requirements under the California Environmental Quality Act (CEQA). Lead and responsible agencies and project applicants, however, will still need to get notices out to inform the public and conduct outreach with known interested parties as explained below.

Suspension of Deadlines

Under CEQA and its implementing regulations, certain notices must be posted in the office of the county clerk in the county where a project is located. These notices include:

  • a determination that an environmental impact report is required for a project;

  • that an agency is preparing an environmental impact report, a negative declaration, or a finding of no significant impact;

  • a notice of exemption;

  • notice of the availability of a draft environmental impact report; and

  • a notice of determination.

Under the Executive Order, the requirement to physically post such notices in the county clerk’s office is suspended for sixty (60) days. Instead, the Executive Order requires that “any lead agency, responsible agency, or project applicant” that would otherwise have been required to post a notice in the county clerk’s office shall do all of the following:

  • post the same materials to that party’s public website for the same period of time required under CEQA;

  • submit those materials to the State Clearinghouse CEQAnet Web Portal; and

  • engage in outreach to parties that they know have an interest in the project.

Responsible entities are also encouraged to engage in additional methods of public outreach and notice, as appropriate for their particular project.

Consultation Requests

The Executive Order also affects the timeline for Native American tribe CEQA consultation requirements. Typically, a California Native American tribe must request consultation with the lead agency within thirty (30) days of being informed of a project, and the consultation process must typically begin within thirty (30) days after the request. Those deadlines have also been suspended for sixty (60) days.

© 2020 Beveridge & Diamond PC National Law Review, Volume X, Number 129

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About this Author

David H. McCray Project & Infrastructure Development Attorney Beveridge & Diamond San Francisco, CA
Of Counsel

David's practice focuses on major project and infrastructure development, including environmental reviews, permitting and approvals from a wide range of federal and state natural resources agencies, and litigation of project decisions and policies.

He counsels clients on regulatory matters and litigation involving the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), climate change, water, wetlands, project mitigation, land use, air, and mobile source air toxics and related health impacts. He also works on cutting-edge technological advances...

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Jacob P. Duginski Environmental Attorney Beveridge & Diamond San Francisco, CA
Associate

Jake maintains a diverse regulatory and litigation practice providing client-centered, solution-driven advice.

He litigates before California’s trial and appellate courts, advises on regulatory compliance with a focus on California-specific issues, and represents clients in various administrative enforcement settings. His practice philosophy is to provide sound, timely, actionable advice with sensitivity to each individual client’s business needs. 

Clean Air, Climate Change, and CEQA

Clients who operate in California routinely find themselves with California-specific questions – Jake helps clients navigate this difficult sphere of regulatory compliance. This includes Clean Air Act permitting and compliance strategy before California’s various air quality management districts, rulemaking development and advocacy regarding California’s various climate change programs, and California Environmental Quality Act compliance.

Litigation and Administrative Enforcement

The core of Jake's litigation and administrative enforcement practice is disputes with governmental entities, representing and advising clients in the courts of California as well as local administrative agencies. Examples of his work include a successful interlocutory appeal of a crushing pre-judgment trial court order and successful defense of a $5 million administrative enforcement order.

Service Areas & Industries 

  • Air, Climate Change
  • Litigation
  • NEPA and Historic Preservation Reviews
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Andrew A. Eberle Environmental Regulatory and Litigation Attorney Beveridge & Diamond Law Firm, Oregon
Associate

Andrew is not admitted to practice in California. He is admitted to practice only in Oregon.

Andrew maintains a diverse environmental regulatory and litigation practice, with a focus on product lifecycle, hazardous materials, and land use issues.

Prior to joining B&D, Andrew clerked in the U.S. District Court for the District of New Jersey for the Honorable Jerome B. Simandle, U.S.D.J., and the Honorable Ann Marie Donio, U.S.M.J. Earlier, he worked as a Law Clerk in the Environment &...

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