California Environmental Quality Act (CEQA) Recent Legal Challenge
The County of San Diego was challenged by the California Chaparral Institute to stop the
removal of dead, dying and diseased trees and vegetation. The Chaparral Institute claimed the
County violated state environmental laws (CEQA) by finding that tree removal and related
vegetation removal programs were exempt from CEQA as emergency projects. The judge ruled
in favor of the plaintiff and opined that there was not enough evidence supporting the presence
of a clear and imminent danger of wildfire which requires immediate action. Under CEQA, the
interpretation by the judge was that an emergency exemption applies to threats that may occur
within a matter of days or hours, as occurred in a local case where a sea wall was near collapse
and exposed houses to danger. The judge felt that the process of removing trees in anticipation
of a fire that has not yet ignited was not an emergency. The judge’s direction prevents proactive
treatments, and instead forces reactive treatment of vegetation and/or fire fighting activities to
protect the public.
Considerations of Existing Law
How is the County currently limited under existing law?
CEQA requires that prior to taking any action that may result in a significant effect on the
environment, the environmental effects of that acti
on must be evaluated. The activities that the
County will be undertaking to remove dangerous fuel loads in the backcountry area of the
county may, unless these activities can be found to be exempt, require either a Mitigated
Negative declaration or an EIR in order to comply with CEQA.
