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Nacimiento Reg'l Water Management Advisory Comm. v. Monterey County Water Resources Agency

ELR Citation: 34 ELR 20105
Nos. No. A104687, (Cal. App. 1st Dist., 09/29/2004)

A California appellate court held that a trial court need not grant relief from a dismissal entered for failing to request a hearing on the merits in a CEQA case when the failure was caused by an attorney's inexcusable mistake or neglect. CEQA requires that a petitioner request a hearing within 90 days from the date a petition alleging CEQA noncompliance is filed. Applying the mandatory relief provision set forth in §473(b) of the California Civil Code of Procedure to CEQA dismissals for failing to request a hearing within the prescribed 90-day time period would undermine CEQA's design for expedited litigation.