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Moss v. Humboldt, County of

ELR Citation: 38 ELR 20108
Nos. No. A114205, (Cal. App. 1st Dist., 05/07/2008)

A California appellate court held that a subdivision project that a county initially approved but for which subsequent delays caused the tentative map to expire is not a new project for purposes of environmental review under the California Environmental Quality Act (CEQA). Nothing significant about the activity to be undertaken on the land has changed in any way; all that has changed is that the county's previous approval of a map expired. Expiration of the tentative map was an abstract occurrence that had no affect on the project's environmental impacts. Nevertheless, supplemental environmental review is required based on new information about certain potentially significant impacts. The court, therefore, affirmed in part and reversed in part a lower court judgment denying a landowner's petition for writ of mandate and requiring the preparation of a new environmental impact.