Board

This is an appeal from a judgment denying a petition for writ of mandate to compel the Board of Supervisors of San Bernardino County, acting as the governing board of the San Bernardino County Area Air Pollution Control District (hereafter Air Pollution Control District), to set aside an amendment to the district rules relaxing the oxides of nitrogen (NOx) emission standards for certain facilities in the county. Plaintiffs alleged that the rule changes were invalid because the board failed to comply with the requirements of the California Environmental Quality Act (CEQA). The court denied the petition on the ground the action was barred by one or more of the statutes of limitation prescribed by CEQA. The central issue on this appeal is which of the several periods of limitation set out in CEQA governs the instant proceeding.

Kerr-McGee Chemical Corporation (hereafter Kerr-McGee) owns and operates an alkaline mining facility in Trona in San Bernardino County. In 1973, Kerr-McGee requested the county to approve a site and development plan for the reconstruction and expansion of its facilities, including the installation of two large Argus boilers to provide steam to…