Justices Rule in County's Favor in CEQA Case

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Michael Zischke was quoted in a June 15, 2012 article in the Daily Journal about a California Supreme Court ruling that held that when a government agency exempts a project from environmental review, opponents must first raise their concerns with that entity before filing a lawsuit.

According to the Daily Journal, the case sprang from a lawsuit filed by neighbors protesting a proposed housing development in Alameda County that was exempt from review under the California Environmental Quality Act (CEQA). Justice Joyce L. Kennard, who authored the court's opinion, wrote that when a party is given the opportunity to present objections to a project at public hearing and fails to do so, it may not do so in court as it has not exhausted all of its administrative remedies.

Zischke wrote an amicus brief in support of Alameda County on behalf of the League of California Cities and the California State Association of Counties.

"This decision is all about certainty,” he told the Daily Journal, “because if the issues are raised with cities and counties first, you can hopefully deal with it and avoid the lawsuit.”

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