CA Building Ind. Assn. v. Bay Area Air Quality Management Dist.

Discussion, the following paragraphs are added: In a petition for rehearing, District argues writ relief is inappropriate because the District Guidelines are a nonbinding, advisory document and their review is premature given the lack of a specific controversy. We are not persuaded. District relies on inapposite case law in which the courts declined to use the remedy of mandamus to set aside interim actions by an agency during a multilayered review process. (California High-Speed Rail Authority v. Superior Court (2014) 228 Cal.App.4th 676, 708–713 [no present duty to redo preliminary funding plan]; California Water Impact Network v. Newhall County Water Dist. (2008) 161 Cal.App.4th 1464, 1486 [water assessment report providing information to be included in EIR was not final determination as necessary to obtain relief by mandamus].) The District Guidelines are not interim steps in a larger review process; rather, they are interpretive guidelines for CEQA analyses promulgated by an air district that acts as either the lead agency or a responsible agency on projects within its jurisdictional boundaries. For purposes of assessing the propriety of a writ of mandate, the District…