Judicial Council Enacts Emergency Rule Amending CEQA Statute of Limitations

In response to the COVID-19 global pandemic and the Governor’s declaration of a statewide emergency, the California Judicial Council adopted Emergency Rules effective April 6, 2020 that, in part, tolled the statutes of limitations for all civil causes of action until 90 days after the Governor lifted the state of emergency. The Governor has yet to lift the state of emergency but the Council amended this Emergency Rule 9.

Effective May 29, 2020, the Judicial Council amended its Emergency Rule 9 so that statutes of limitations shorter than 180 days will stop tolling after August 3, 2020. This means that most purposefully-short CEQA statutes of limitations will stop tolling on that day.

Now, Emergency Rule 9 provides the following:

• Causes of action with statutes of limitations of 180 days or less are tolled from April 6, 2020 to August 3, 2020;
• Causes of action with statutes of limitations that exceed 180 days are tolled from April 6, 2020 to October 1, 2020.

Filing deadlines under CEQA are generally 30 days (Notice of Determination), 35 days (Notice of Exemption), and 180 days; thus, CEQA statute of limitations will stop tolling on August 3, 2020. In making this amendment, the Council observed that this will provide a greater level of certainty and reasonable notice to litigants, like public agencies and developers, as to the end of the tolling period.

In other CEQA news, a handful of bills are moving through the California Legislature now that it is back in session. We will provide ongoing updates as these develop.

Questions

Kronick attorneys across all of the firm’s practice groups – Public Agencies, Natural Resources, Labor & Employment, and Business/Healthcare – will continue to provide clients and the community with ongoing updates and advice regarding COVID-19 related issues as developments warrant. Please feel free to contact us for assistance with issues arising from the current health crisis.