Citizens Opposing A Dangerous Environ. v. Co. of Kern
Annotate this CaseCODE appealed the superior court's denial of a petition for writ of mandamus to set aside an environmental impact report (EIR) certification and project approval on the grounds that Mitigation Measure 4.8-8 was ineffective and respondents failed to comply with the California Environmental Quality Act (CEQA), Pub. Resources Code, 21000 et seq. The EIR concerned North Sky River and Jawbone's application to rezone and for a conditional use permit for mobile concrete batch plants in order to build and operate a wind farm in the Tehachcapi Wind Resource Area. The court concluded: (1) as a matter of law, the County's EIR described a legally feasible mitigation measure; (2) as a matter of law, the County was not required to respond to late comments; (3) substantial evidence supported the Board's conclusion that MM 4.8-8 mitigated significant impacts on aviation safety; and (4) the Board was not required to consider either CODE's proffered mitigation measure or the EIR's "environmentally superior alternative." Accordingly, the court affirmed the superior court's order denying CODE's petition for a writ of mandamus.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.