Sierra Club v. San Joaquin LAFCO (1999) 21 Cal.4th 489

Following dismissal of a CEQA action because the Sierra Club had not requested reconsideration of a LAFCO decision, the California Supreme Court granted the Sierra Club's Petition for Review and then reversed the decision of the Third District Court of Appeal.

The Supreme Court overturned its ruling in Alexander v. State Personnel Board (1943) 22 Cal.2d 198, which had held that when reconsideration of an agency's decision is available, a party is required to seek such reconsideration in order to exhaust its administrative remedies.

The unanimous opinion authored by Supreme Court Justice Kathryn Mickle Werdegar pronounced that Alexander should no longer be applied. A request for reconsideration is thus no longer required when objections to an agency action have been fully raised.

San Joaquin Delta

  copyright © 2024, Brandt-Hawley Law Group