California Supreme Court Denies Review of Golden Door Case, Appellate Opinion Stands
On November 10, 2020, the California Supreme Court denied review of Golden Door Properties, LLC v. S.C. (County of San Diego) (Nov. 10, 2020, No. S264324), allowing the appellate court’s opinion to stand. The Court of Appeal for the Fourth District held that Public Resources Code section 21167.6 requires the lead agency to retain “‘all written evidence or correspondence submitted to, or transferred from’ the public agency with respect to the project . . . .” This includes “‘all internal agency communications, including staff notes and memoranda’ related to the project.” Agencies shall not destroy such “official records” encompassed within section 21167.6, subdivision (e), even if permitted to under its own policies. (Read the in-depth summary of the Court of Appeal’s opinion here: https://www.rmmenvirolaw.com/fourth-district-holds-that-agencies-may-not-destroy-but-rather-must-retain-all-writings-required-by-ceqas-administrative-record-statute/).