Friends of Outlet Creek v. Mendocino County Air Quality Management District

This is one of several lawsuits Friends of Outlet Creek (Friends) is pursuing in an effort to prevent asphalt production at the site of an aggregate operation. The Mendocino County Air Quality Management District (District) and Grist Creek Aggregates, LLC (Grist Creek), successfully demurred on the ground Friends can only proceed against the District in an administrative mandamus proceeding under Health and Safety Code section 40864, which the District and Grist Creek contend cannot embrace a challenge under the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.). Friends, in turn, has expressly disclaimed any reliance on Health and Safety Code section 40864 and asserts it can sue the District directly under CEQA. The trial court sustained the District and Grist Creek’s demurrer, and dismissed the action.

We reverse, as there is established precedent allowing CEQA claims against air quality management districts. However, that does not mean Friends can challenge any land use designations or authorizations pertaining *1238 to the site that have been made by the County of Mendocino (County). The only action taken by the District (a separate and…