Citizens to Preserve the Ojai v. County of Ventura

“Citizens To Preserve The Ojai” (Citizens) appeals from a denial of a petition for writ of mandate. Citizens seek to compel the County of Ventura (County) to set aside its certification of an environmental impact report (EIR) for a project and to vacate the County’s approvals of the project on the ground that the EIR failed to analyze the cumulative impact on air quality as required by the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) and the implementing guidelines (Cal. Admin. Code, tit. 14, § 15000 et seq.). The association also seeks to prohibit the parties from carrying out the project until CEQA’s requirements are met.

Facts

The project at issue involved the expansion and modification of an oil refinery at the mouth of the Ojai Valley in Ventura County owned by USA Petrochem Corporation (Petrochem), the real party in interest, for the purpose of processing low grade crude oil. To this end, Petrochem sought modification of two existing conditional use permits.

The County as lead agency determined that the project might have a significant effect on the environment. The County proceeded with preparation of an EIR and performance…