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Communities for a Better Environment v. City of Richmond

Filing Date: 2008
Case Categories:
  • State Law Claims
    • State Impact Assessment Laws
Principal Laws:
California Environmental Quality Act (CEQA)
Description: Challenge to city’s expansion of oil refinery.
  • Communities for a Better Environment v. City of Richmond
    Docket number(s): MSN08-1429
    Court/Admin Entity: Cal. Super. Ct.
    Case Documents:
    Filing Date Type File Action Taken Summary
    04/13/2015 Stipulation Writ of mandate discharged. A California Superior Court discharged the writ of mandate that barred Chevron Products Company (Chevron) from proceeding with an expansion project at its oil refinery in the City of Richmond in northern California. The writ was granted in 2009, when the court held that the City’s review under the California Environmental Quality Act had been inadequate. Among the shortcomings identified by the court was a failure to mitigate greenhouse gas emissions. After an appellate court affirmed the Superior Court’s decision in 2010, the City conducted another review. A final environmental impact report was certified in July 2014.
    06/05/2009 Decision Decision issued. A state court in California held on June 5, 2009 that the City of Richmond’s environmental impact report pursuant to the California Environmental Quality Act (CEQA) concerning a major expansion of an oil refinery in the City violated CEQA’s greenhouse gas requirements. The court held that although the City identified a standard of no net increases in greenhouse gas emissions, it failed to identify any means of achieving that standard.  In addition, the court held that the City improperly deferred its formulation of greenhouse gas mitigation measures until a future date.  The court also found that the environmental impact report (EIR) failed to clearly state whether the expansion project will allow the refinery to process heavier crude oil than itis currently processing.
    09/04/2008 Petition for Writ of Mandate Petition for writ of mandate filed. Three environmental groups sued Richmond, California over its decision to grant a subsidiary of Chevron permission to expand a local oil refinery, which the groups allege will emit at least 898,000 metric tons of greenhouse gases annually and disproportionately affect nearby minority communities. The groups allege that the city certified the environmental impact report without providing a specific plan for mitigating greenhouse gas emissions.
  • Communities for a Better Environment v. City of Richmond
    Docket number(s): A125618
    Court/Admin Entity: Cal. Ct. App.
    Case Documents:
    Filing Date Type File Action Taken Summary
    04/26/2010 Opinion Download Opinion issued. A California state appellate court held that the environmental impact report (EIR) for upgrades to a refinery located in Richmond, California failed to consider the project’s greenhouse gas emissions impacts as required under the California Environmental Quality Act (CEQA). The decision affirmed the June 2009 decision by the lower court that the environmental assessment fell short of the requirements of CEQA. The appellate court found that the EIR merely proposed a generalized goal of no net increase in greenhouse gas emissions and then set out vaguely described future mitigation measures.  The court stated that greater specificity was required. 

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.