The Use and Misuse of Motions to Stay and Project in CEQA Litigation
The mere filing of a lawsuit under the California Environmental Quality Act does not automatically halt an approved project. In fact, the act mandates that responsible agencies "shall assume" compliance with the law and act accordingly unless ordered by a court to halt project activity. Project developers therefore often proceed at their own risk with project construction in the face of a pending challenge based on the act.
The following article by Arthur Friedman was originally published in the California Real Estate Journal. To read the article please click here.
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