CEQA GUIDELINES
California Code of Regulations, Title 14, Division 6, Chapter 3,

Article 15. Litigation. (Sections 15230-15233)

-Section 15230. Time Limits and Criteria.
-Section 15231. Adequacy of EIR or Negative Declaration for Use by Lead and Responsible Agencies.
-Section 15232. Request for Hearing.
-Section 15233. Conditional Permits.

Section 15230. Time Limits and Criteria.
Litigation under CEQA must be handled under the time limits and criteria described in Sections 21167 et seq. of the Public Resources Code and Section 15112 of these guidelines in addition to provisions in this article.
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Section 15231. Adequacy of EIR or Negative Declaration for Use by Lead and Responsible Agencies.
A final EIR prepared by a lead agency or a negative declaration adopted by a lead agency shall be conclusively presumed to comply with CEQA for purposes of use by responsible agencies which were consulted pursuant to Sections 15072 or 15082 unless one of the following conditions occurs:

(a) The EIR or negative declaration is finally adjudged in a legal proceeding not to comply with the requirements of CEQA, or

(b) A subsequent EIR is made necessary by Section 15162 of these guidelines.
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Section 15232. Request for Hearing.
In a writ of mandate proceeding challenging approval of a project under CEQA, the petitioner shall, within 90 days of filing the petition, request a hearing or otherwise be subject to dismissal on the court's own motion or on the motion of any party to the suit.
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Section 15233. Conditional Permits.
If a lawsuit is filed challenging an EIR or negative declaration for noncompliance with CEQA, responsible agencies shall act as if the EIR or negative declaration complies with CEQA and continue to process the application for the project according to the time limits for responsible agency action contained in Government Code Section 65952.
(a) If an injunction or a stay has been granted in the lawsuit prohibiting the project from being carried out, the responsible agency shall have authority only to disapprove the project or to grant a conditional approval of the project. A conditional approval shall constitute permission to proceed with a project only when the court action results in a final determination that the EIR or negative declaration does comply with the provisions of CEQA (Public Resources Code Section 21167.3a).

(b) If no injunction or stay is granted in the lawsuit, the responsible agency shall assume that the EIR or negative declaration fully meets the requirements of CEQA. The responsible agency shall approve or disapprove the project within the time limits described in Article 8, commencing with Section 15100, of these guidelines and described in Government Code Section 65952. An approval granted by a responsible agency in this situation provides only permission to proceed with the project at the applicant's risk prior to a final decision in the lawsuit (Public Resources Code Section 21167.3b).
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