Challenges to Environmental Impact Reports Under the California Environmental Quality Act: To Partially Decertify or Not, That Is the Question

This Comment will provide (1) a background of CEQA and the importance of the EIR for decision-making; (2) a framework of the current split in the California Courts of Appeal as to whether an EIR can be partially decertified; (3) a breakdown on the current split; (4) an analysis of the potential impacts the split has on development projects; and (5) solutions that clarify a court’s remedies explicitly allowing partial decertification of an EIR under CEQA.