Association of Irritated Residents v. Kern County Board of Supervisors

The Court of Appeal reversed the County's certification of an environmental impact report (EIR) and approval of a project to modify an oil refinery in Bakersfield. The court held that the EIR's choice of 2007 as the measure of an existing conditions baseline for an operating refinery was supported by substantial evidence; appropriately deviated from the normal baseline; and conformed to the principles set forth by the California Supreme Court in Communities for a Better Environment v. South Coast Air Quality Management Dist. (2010) 48 Cal.4th 310. Therefore, the baseline complied with the California Environmental Quality Act (CEQA). The court also held that the EIR's discussion of greenhouse gas emissions contained no prejudicial error. However, the EIR containde factual error in its description of federal railroad safety data and the error caused the EIR to underestimate the risk of a release by fivefold. Finally, the EIR erroneously stated federal law preempted CEQA review of certain environmental impacts of off-site rail activities. Accordingly, the court remanded for further proceedings. View "Association of Irritated Residents v. Kern County Board of Supervisors" on Justia Law