California Court of Appeal

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Citizens Opposing A Dangerous Environment v. County of Kern, F067567

The trial court properly denied a petition for writ of mandate challenging defendant-county's certification of a final environmental impact report (EIR) and approval of rezoning and conditional use permit requests for mobile concrete batch plants in order to build and operate a wind farm, where: 1) as a matter of law, defendant-county's EIR described a legally feasible mitigation measure; 2) as a matter of law, defendant-county was not required to respond to late comments; 3) substantial evidence supported the defendant Board of Supervisor's conclusion that Mitigation Measure 4.8-8 mitigated significant impacts on aviation safety; and 4) defendant Board was not required to consider either petitioner's proffered mitigation measure or the EIR's "environmentally superior alternative."

Appellate Information

  • Decided 07/25/2014
  • Published 07/25/2014

Judges

  • DETJEN

Court

  • California Court of Appeal

Counsel