Desert Environment Conservation Association

8 Cal. 3d 739 (1973), 505 P.2d 223

The Court denied the petition for a writ of mandate as premature (and apparently moot).  Two issues raised by Petitioner, related to the application of CEQA (referred to by the Court as “EQA”) to the Commission, were resolved legislatively during the pendency of the matter.  (The Commission initially took the view that CEQA did not apply to the issuance of certificates of public convenience and necessity under Section 1001.)  With regard to the remaining issue — Petitioner’s assertion that an EIR must be prepared prior to any hearing on a plant certification application — the court determined that CEQA permits the Commission to adopt its own rules regarding the timing of such reports.  (The Commission subsequently adopted Rule 17.1 of its Rules of Practice and Procedure, replaced by today’s Rule 2.4; see discussion of appellate review of CEQA determinations at Paras. 17 and 40.)

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