Association of Irritated Residents v. Kern County Board of Supervisors

The California Court of Appeal found that the Kern County’s review under the California Environmental Quality Act (CEQA) of a project modifying an oil refinery in Bakersfield to accept lighter crude oil from the Bakken formation in North Dakota was inadequate in two respects. The appellate court said the environmental impact report (EIR) contained factual errors regarding federal railroad safety data and improperly concluded that the Interstate Commerce Commission Termination Act of 1995 preempted CEQA review of the environmental impacts of off-site rail activities. The appellate court rejected, however, claims that Kern County had used an inappropriate baseline year for the review, that the EIR’s disclosure of greenhouse gas emissions was misleading and deceptive, and that the County had improperly based its determination that the project’s greenhouse gas emissions would not be significant on the facility’s compliance with the requirements of California’s cap-and-trade program.