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On October 8, 2013, the Third Appellate District Court held in South County Citizens for Smart Growth v. County of Nevada, KKP Lake of the Pines, LLC that the California Environmental Quality Act (CEQA) does not require recirculation of a Draft EIR (DEIR) based upon staff-generated project alternatives added after the preparation of a Final EIR (FEIR) if these alternatives are "not significant." Additionally, the court held that the subsequent findings regarding the feasibility of the staff alternative are not required if adequate alternatives were proffered after the FEIR.

This court decision means that recirculation of a DEIR is not required simply because new information is added. The Court recognized that an FEIR will almost always include additional information from the DEIR and recirculation is intended to be an exception rather than a general rule. Only if the additional information is considered significant, as defined by CEQA Guidelines Section 15088.5, should recirculation be considered.

The Court further clarified that an express finding is also not required by CEQA on whether new information is considered significant. The Court held that an agency's decision to certify an EIR without recirculation or public comment implies that the additional information was not significant. Alternatively, if new information becomes available the agency can deem the information significant triggering revision and recirculation.