Endangered Habitats League, Inc. v. City of San Ma
Public Resources Code section 21167.4, subdivision (a), a provision of the California Environmental Quality Act (CEQA), provides: "In any action or proceeding alleging noncompliance with [CEQA], the petitioner shall request a hearing within 90 days from the date of filing the petition or shall be subject to dismissal on the court's own motion or on the motion of any party interested in the action or proceeding." (§ 21167.4, subd. (a).) The primary purpose of section 21167.4 is to expedite CEQA litigation. Several appellate decisions have construed section 21167.4, subdivision (a) as requiring a written request for a hearing to serve the purposes of the statute. (See, e.g., Torrey Hills Community Coalition v. City of San Diego (2010) 186 Cal.App.4th 429, 439-442 (Torrey Hills); County of Sacramento v. Superior Court (2009) 180 Cal.App.4th 943, 948-952 (County of Sacramento).)
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