California Court of Appeal
Communities for a Better Environment v. Bay Area Air Quality Management Dist., 143634
In a petition for writ of mandate and a complaint under the California Environmental Quality Act (CEQA) after defendant determined that its approval for a Richmond rail-to-truck facility to transload crude oil instead of ethanol was 'ministerial' and exempt from CEQA review, the trial court's dismissal of the petition and complaint without leave to amend, concluding that the suit was time-barred under Public Resources Code section 21167, subdivision (d) (section 21167(d)), is affirmed where the discovery rule has never been applied to postpone the accrual of an action beyond the date the plaintiff has constructive notice of an injury.
Appellate Information
- Published 2016/07/19
Judges
- HUMES
Court
- California Court of Appeal