Western States Petroleum Ass'n v. South Coast Air Quality Management District

At issue is a rule adopted by the South Coast Air Quality Management District (the District) requiring the six oil refineries in its jurisdiction to reduce their emissions of ammonia and small particulate matter (PM 10) by December 31, 2006 or be subject to criminal, civil and administrative penalties and possible loss of their licenses to operate. The Western States Petroleum Association (WSPA), representing the refineries, sought a writ of mandate from the superior court vacating the rule on the grounds the District lacked substantial evidence the refineries could achieve the new standards and that the new standards were cost effective. WSPA also argued the rule should be vacated because the District had not adequately assessed the environmental impact, which would result from the refineries’ attempts to comply with the rule and had failed to maintain, produce and disclose pertinent records of the rule’s development. The superior court denied the writ and this timely appeal followed.

We conclude substantial evidence supports the District’s findings of feasibility and cost effectiveness. We also hold the District complied with the applicable CEQA requirements and…