CEQA: petitioner must request a hearing within 90 days of filing the petition
90 days after date the ceqa petition was filed, under Cal. Pub. Res. Code 21167.4(a), (b).
Rule text
(a) In any action or proceeding alleging noncompliance with this division, the petitioner shall request a hearing within 90 days from the date of filing the petition or shall be subject to dismissal on the court’s own motion or on the motion of any party interested in the action or proceeding. (b) The petitioner shall serve a notice of the request for a hearing on all parties at the time that the petitioner files the request for a hearing.
Calculate this deadline
Deadline
Thursday, February 4, 2027
- Trigger (Date the CEQA petition was filed): Friday, November 6, 2026.
- Exclude the trigger day and count 90 calendar days: Thursday, February 4, 2027.
Rules applied
Cal. Pub. Res. Code 21167.4(a), (b)
(a) In any action or proceeding alleging noncompliance with this division, the petitioner shall request a hearing within 90 days from the date of filing the petition or shall be subject to dismissal on the court’s own motion or on the motion of any party interested in the action or proceeding. (b) The petitioner shall serve a notice of the request for a hearing on all parties at the time that the petitioner files the request for a hearing.Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."Official source
- Serve notice of the request on all parties when filed. After the request, briefing is to be completed within 90 days (ceqa_briefing_complete_90_days) and the hearing held, to the extent feasible, within 30 days thereafter. Local rules (e.g., county CEQA departments) add their own deadlines; see county overlays.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the CEQA petition was filed on Monday, March 15, 2027, personal service: due Monday, June 14, 2027.
- Trigger (Date the CEQA petition was filed): Monday, March 15, 2027.
- Exclude the trigger day and count 90 calendar days: Sunday, June 13, 2027.
- That day is a Sunday, so the deadline moves to the next court day: Monday, June 14, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)).
Notes
Serve notice of the request on all parties when filed. After the request, briefing is to be completed within 90 days (ceqa_briefing_complete_90_days) and the hearing held, to the extent feasible, within 30 days thereafter. Local rules (e.g., county CEQA departments) add their own deadlines; see county overlays.
Related deadlines
- CEQA petition: 30 days after filing of Notice of Determination (EIR, negative declaration, other acts) (30 days after)
- CEQA petition challenging an exemption: 35 days after filing of Notice of Exemption (35 days after)
- CEQA petition: 180 days after project approval (or commencement) where no NOD/NOE filed or no determination made (180 days after)
- CEQA: personally serve record-preparation request and petition on agency within 10 business days of filing (10 business days after)
- CEQA: agency prepares and certifies record within 60 days after service of request (60 days after)
- CEQA: briefing to be completed within 90 days of the hearing request (absent good cause) (90 days after)
- CEQA: furnish copy of petition (and any amended or supplemental pleading) to the Attorney General within 10 days after filing (10 days after)
- CEQA: agency files notice of settlement meeting within 20 days of service of petition (20 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.