To: MJN
From: 707528848
Re: Statutory Procedures Exercise
Date: September 9, 1998
1.What is the name of the California Act that addresses environmental impact reports?
21050. California Environmental Quality Act
2.Under this Act, one can bring an action against a "Public Agency" claiming that the environmental impact report is out of compliance. Does the City qualify as a "Public Agency" under this Act?
21063. Yes. "Public agency" includes a city.
3.What is the last date that the Sierra Club can commence such an action against the City?
21167 (b) commenced within 30 days: September 10, 1998
4.Assume the Sierra Club can file its action against the City within the time provided by the Act, how soon must the Sierra Club request a hearing after filing?
21167.4 (a) the petitioner shall request a hearing within 90 days from the date of filing the petition
5.If the Sierra Club does not request a hearing within the required time, what happens?
21167.4 (a) They shall be subject to dismissal on the court's own motion or on the motion of any party interested in the action or proceeding.
6.When must the Sierra Club file its request that the City prepare the record of proceedings relating to the medical waste facility? (Note: this is done before the request is served on the City.)
21167.6 (a) At the time that the action or proceeding is filed, the plaintiff or petitioner shall file a request….
7.Sometimes for strategic reasons, a party bringing an action may decide to file the action (lawsuit) in court but not serve the opposing party right away. How long does the Sierra Club have to serve the action upon the City after it is filed?
21167.6 (a) …shall be served upon the public agency no later than 10 business days…
8.How long does the City initially have to prepare and certify the record of proceedings?
21167.6 (b) (1) The public agency shall prepare and certify the record of proceedings not later than 60 days from the date of the request
9.If the City needs more time to prepare the record of proceedings and the Sierra Club agrees, can the City obtain an extension of time?
21167.6 (c) There is no limit on the number of extensions which may be granted by the court, but no single extension shall exceed 60 days unless the court determines that a longer extension is in the public interest.
10.If the City needs more time to prepare the record of proceedings and the Sierra Club disagrees, can the City obtain an extension of time?
21167.6 (c) Yes, upon order of the court.
11.What happens if the City fails to prepare the record of proceedings within the required time?
21167.6 (d) The plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions.
12.What happens if the Sierra Club does not provide the Attorney General with a copy of its pleading (original, amended or supplemental)?
21167.7 No relief, temporary or permanent, shall be granted until a copy of the pleading has been furnished to the Attorney General in accordance with such requirements.
13.How soon after the complaint (or action) is served on the City must a settlement meeting be held?
21167.8 (a) The meeting shall be scheduled and held not later than 45 days from the date of service…
14.Who must file the notice setting the settlement meeting?
21167.8 (a) The public agency shall file with the court a notice setting forth the time and place…
15.When must the Sierra Club file and serve a statement of issues it intends to raise in any brief or at any hearing or trial regarding the medical waste facility?
21167.8 (f) Not later than 30 days from the date that notice the petitioner or plaintiff shall
file and serve on all other parties a statement of issues which the petitioner or plaintiff intends to raise.
16.Does it matter that no one from the Sierra Club informed the City of the Club's concerns regarding the environmental impact report on the medical waste facility prior to the City's approval of the project? If so, how?
21177 (a) No action or proceeding may be brought pursuant to Section 21167 unless the alleged grounds for noncompliance with this division were presented to the public agency orally or in writing by any person during the public comment period.
It is too late for the Sierra Club to bring any action because they did not raise these concerns during the public common period.