by Melissa Busch : norcalrecord – excerpt
SAN FRANCISCO — A California appeals court recently ruled that a neighborhood group can sue an air quality management district under the California Environmental Protection Act (CEQA) in its efforts to prevent asphalt production at an aggregate operation site.
On March 23, the California First District Court of Appeal reversed a Mendocino County Superior Court decision. The superior court dismissed a CEQA claim filed by Friends of Outlet Creek against the Mendocino County Air Quality Management District and Grist Creek Aggregates LLC.
The appeals court reversed the decision on the grounds that there is established precedent, which allows CEQA claims against air quality management districts, according to court records.
However, the court further stated that this ruling does not allow Friends of Outlet Creek to challenge any of the county’s land use designations or authorizations pertaining to this site, according to court records.
The only relief the group, which aims to protect Outlet Creek and its habitat, can obtain through the lawsuit against the air quality district is the “invalidation of the authority to construct,” the court held… (more)