New BAAQMD CEQA Guidelines July 2010
In This Issue
Greenhouse Gas Mitigation Ruled Invalid
Who is Douglas Herring & Associates?
Greetings!
 
As developers and public agencies throughout the State grapple with how to comply with recent Greenhouse Gas (GHG) legislation, we thought you would be interested in a recent legal case challenging the City of Richmond's compliance with the California Environmental Quality Act (CEQA) as it related to GHG impacts. 

One of our more detailed eAlerts will follow in a month or two.  In the meantime, enjoy your summer and, as always, let us know if there's anything we can do to help lighten your work load.



New Feature:  Our previous eAlerts are now archived at:  DHA eAlerts Archive

As always, let us know if there's anything else we can do to help lighten your work load.

Sincerely,

Doug Herring, AICP



Greenhouse Gas Mitigation Ruled Invalid

In April 2010 the California Court of Appeals (Second District) overturned a previously certified Environmental Impact Report (EIR) for the retrofitting and expansion of the Chevron oil refinery in the City of Richmond.  The court found the EIR inadequate because, among other deficiencies identified, the document did not identify concrete mitigation measures for greenhouse gas (GHG) emissions.  Rather, the mitigation required preparation of a plan to reduce GHG within one year after approval of the Conditional Use Permit for the project, and failed to identify objective criteria for measuring success.  The Court determined that this constituted deferred mitigation, impermissible under the California Environmental Quality Act (CEQA).

The Court also ruled that the EIR was deficient because the project description did not adequately reveal the heaviness (i.e., specific gravity) of crude oil currently processed at the plant and whether the project included equipment changes that would facilitate the future processing of heavier crude oils. 

This significant ruling will doubtless set precedent for future CEQA litigation, and warrants the attention of all CEQA lead agencies.  You can read the full decision here:  CBE v. City of Richmond

Who Is Douglas Herring & Associates?
Douglas Herring & Associates (DHA) works with public agencies, developers, and other businesses in California to expertly obtain the environmental and planning approvals needed to move projects from the conceptual stage to physical, benefit-generating reality in an efficient and cost-effective manner.  Since 1997, DHA has helped dozens of California cities and counties and scores of other businesses and organizations save money while obtaining high-quality planning and environmental analysis services necessary to get their projects expeditiously approved and built. Learn more on our website:  Douglas Herring & Associates.
 
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