California Public Resources Code Section 21167
A petition challenging the adequacy of an approved environmental impact report (EIR) is subject to a special limitations period established by California Environmental Quality Act (CEQA). (Pub. Resources Code, 21167.)
Section 21167 provides: "Any action or proceeding challenging the following acts or decisions of a public agency on the grounds of noncompliance with this division shall be commenced as follows: (c) Any action or proceeding alleging that an environmental impact report does not comply with this division shall be commenced within 30 days from the date of the filing of the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152 by the lead agency."
Section 21108, subdivision (a) pertains to notice filing requirements when a state agency is the lead agency.
Section 21152, subdivision (a) governs notice filing requirements when, as here, a local agency is the lead agency.
The subdivision states "Whenever a local agency approves or determines to carry out a project which is subject to this division, it shall file notice of the approval or the determination within five working days after the approval or determination becomes final, with the county clerk of each county in which the project will be located. The notice shall indicate the determination of the local agency whether the project will, or will not, have a significant effect on the environment and shall indicate whether an environmental impact report has been prepared pursuant to this division. The notice shall also include certification that the final environmental impact report, if one was prepared, together with comments and responses, is available to the general public." ( 21152, subd. (a).)
Section 21152, subdivision (c) provides "All notices filed pursuant to this section shall be available for public inspection, and shall be posted within 24 hours of receipt in the office of the county clerk. Each notice shall remain posted for a period of 30 days." The section 21167 30-day period begins running on "the day the notice is posted in the office of the county clerk." (Citizens of Lake Murray Area Assn. v. City Council (1982) 129 Cal.App.3d 436, 440-441.)