Center for Biological Diversity v. County of Kern
In 2003, respondents Kern County and Board of Supervisors of Kern County (County) approved a project proposed by respondents and real parties in interest Tejon Industrial Corp. and Tejon Ranchcorp (Tejon) to build and operate 15.5 million square feet of mixed-use development (13.6 million square feet warehouse and distribution space; 1.5 million square feet industrial/manufacturing uses; 275,000 square feet commercial uses, including two diesel fuel dispensing stations, two gasoline stations and nine restaurants), together with associated road improvements, a 3.5 megawatt gas turbine cogeneration facility and a water treatment facility. The project will be constructed on a 1,109-acre site located in southern Kern County, on the east side of Interstate 5 (I-5), approximately three miles north of the base of the Tejon Pass. This appeal followed. Appellants raise two challenges to the adequacy of the revised EIR and to the sufficiency of the evidence supporting the statement of overriding considerations and associated factual findings. First, they argue that the revised EIR failed to identify and analyze adverse impacts on air quality that might remain after implementation of the VERP and to assess whether any additional mitigation measures could reduce or ameliorate such possible residual adverse air quality impacts. Second, they contend that the revised EIR failed to identify and analyze possible adverse environmental effects resulting from designation of a portion of the project as an FTZ. Neither of these contentions is persuasive. Court affirm the order discharging the writ of mandate. The order discharging the writ of mandate is affirmed.
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