Description: Challenge to CEQA review for development plan for part of Kern County.
Sierra Club v. County of Kern
Filing Date Type File Action Taken Summary 07/10/2018 Opinion Download Opinion issued largely upholding CEQA review. California Appellate Court Upheld Analysis of Greenhouse Gas Emissions for Kern County Development Plan. In an unpublished opinion, the California Court of Appeal upheld in all but one respect Kern County’s California Environmental Quality Act (CEQA) review for a “Specific Plan” to guide future development in an area in the northeastern part of the county. The appellate court concluded the program environmental impact report’s (EIR’s) analysis of the significance of the Specific Plan’s greenhouse gas emissions was adequate at the time it was released in 2011. The court also found that the EIR’s approach to mitigating the impacts of greenhouse gas emissions was not an abuse of discretion. The one area where the court found the CEQA analysis inadequate was its formulation of air quality mitigation measures.