El Pueblo Para El Aire et al. v.Kings County Bd. of Supervisors
Following approval of a project to expand an existing hazardous waste disposal facility located in Kings County (County), plaintiffs/petitioners and appellants Greenaction for Health and Environmental Justice (Greenaction) and El Pueblo Para El Aire y Agua Limpio (Pueblo) (collectively appellants) filed a petition for writ of mandate and complaint alleging violations of the California Environmental Quality Act (CEQA)[1] and civil rights causes of action (Gov. Code, §§ 11135, 12955, 65008). The trial court sustained demurrers to the civil rights causes of action and rejected the claims of CEQA noncompliance. This appeal followed.
Appellants argue the demurrers should have been overruled and the environmental impact report (EIR) that was certified for the project did not adequately analyze the project’s health, transportation and cumulative impacts. We conclude: (1) the demurrers to the civil rights causes of action were properly sustained without leave to amend; (2) the health impacts arguments are meritless; and (3) administrative remedies were not exhausted on the transportation and cumulative impacts claims. The judgment will be affirmed.
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