California Codes

Cal. Public Resources Code § 21167.3 (2026)

✓ current as of May 2026

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(a)If an action or proceeding alleging that an environmental impact report or a negative declaration does not comply with the provisions of this division is commenced during the period described in subdivision (b) or (c) of Section 21167, and if an injunction or stay is issued prohibiting the project from being carried out or approved pending final determination of the issue of such compliance, responsible agencies shall assume that the environmental impact report or the negative declaration for the project does comply with the provisions of this division and shall issue a conditional approval or disapproval of such project according to the timetable for agency action in Article 5 (commencing with Section 65950) of Chapter 4.5 of Division 1 of Title 7 of the Government Code. A conditional approval shall constitute permission to proceed with a project when and only when such action or proceeding results in a final determination that the environmental impact report or negative declaration does comply with the provisions of this division.

(b)In the event that an action or proceeding is commenced as described in subdivision (a) but no injunction or similar relief is sought and granted, responsible agencies shall assume that the environmental impact report or negative declaration for the project does comply with the provisions of this division and shall approve or disapprove the project according to the timetable for agency action in Article 5 (commencing with Section 65950) of Chapter 4.5 of Division 1 of Title 7 of the Government Code. Such approval shall constitute permission to proceed with the project at the applicant’s risk pending final determination of such action or proceeding.

Notes of Decisions

Cited in 2 cases, 1980–1980 · leading case: Env't Coalition of Orange Cnty., Inc. v. Local Agency Formation Comm'n, 110 Cal. App. 3d 164 (Cal. Ct. App. 1980).

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Env't Coalition of Orange Cnty., Inc. v. Local Agency Formation Comm'n, 110 Cal. App. 3d 164 (Cal. Ct. App. 1980). “At that time, and when the instant action was filed, the statute provided: “If an action or proceeding alleging that an environmental impact report does not comply with the provisions of this division is commenced during the period described in subdivision (c) of Section 21167,…”

Kriebel v. City Council, 112 Cal. App. 3d 693 (Cal. Ct. App. 1980). “Public Resources Code section 21167.3 creates a presumption of compliance with CEQA where an injunction is not sought or issued in a proceeding brought within 30 days from issuance of an EIR.”

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