In a dramatic turn of events, a California appeals court has dealt a significant blow to the Port of Los Angeles, ruling that the lower court failed to fully grasp its authority under the California Environmental Quality Act (CEQA). The Fourth Appellate District decision, published on Monday, marks a decisive victory for environmental organizations, including the Natural Resources Defense Council and a coalition of community groups, as well as the South Coast Air Quality Management District.
Flawed Impact Report Challenge
The heart of the matter revolves around the certification of a 2019 supplemental environmental impact report (SEIR) for the ongoing operation of the China Shipping (North America) Holding Co. Ltd. terminal. San Diego County Superior Court Judge Timothy B. Taylor had previously found that the port failed to ensure the enforceability of mitigation measures for the terminal’s operation, a “profound violation” of CEQA.
Unconventional Remedy Sparks Controversy
In a perplexing twist, the trial court’s remedy allowed the port to continue operations without enforcing the purportedly adopted mitigation measures while preparing a new SEIR. This raised eyebrows among the justices, with Justice Terry B. O’Rourke stating, “CEQA does not countenance such a result.” The appeals court highlighted that the 2019 report projected significant pollution from the China Shipping terminal, estimating emissions 18 times higher than the established threshold for 2030.
Enviro Orgs Win Appeal Over Los Angeles Port Terminal : A Protracted Battle
The China Shipping terminal has been a source of contention since its authorization in 2001. A 2004 settlement permitted the terminal’s completion, but multiple mitigation measures agreed upon were never fully implemented. The recent supplemental environmental impact report, initiated in 2015, has now faced challenges, with the appeals court instructing the trial court to devise an appropriate remedy for the CEQA violation.
Mixed Rulings on Challenges
The appeals court also addressed various challenges against the 2019 report. While some decisions by the Port of Los Angeles were supported, others, such as modifying a vessel speed reduction measure and designating a greenhouse gas emissions fund measure as a lease measure, were deemed inadequately supported.
Enviro Orgs Win Appeal Over Los Angeles Port Terminal : Reactions and Future Steps
Reacting to the ruling, a spokesperson for the South Coast Air Quality Management District welcomed the decision, emphasizing the court’s power to craft tailored remedies. The Natural Resources Defense Council, represented by Margaret Hsieh, called for an end to the port’s alleged law violations, urging a focus on pollution-control measures. The Port of Los Angeles expressed commitment to resolving the matter, evaluating the appellate court decision.
Enviro Orgs Win Appeal Over Los Angeles Port Terminal : Conclusion
As the legal battle continues, the fate of the China Shipping terminal hangs in the balance. The ruling sets a precedent for the application of CEQA and underscores the importance of enforcing environmental regulations in major infrastructure projects.
