On January 21, 2011, a California state court issued a tentative ruling on the case, Association of Irritated Residents, et al. v. California Air Resources Board (CARB). The case was originally filed in the San Francisco County Superior Court in 2009 and accused CARB of illegally approving their regulatory “scoping plan.” Petitioners challenged two areas, accusing CARB of failing “to meet the mandatory statutory requirements of AB 32 and the California Environmental Quality Act(CEQA) by essentially treating the Scoping Plan as a post hoc rationalization for ARB’s already chosen policy approaches.” The court denied the petition for Writ of Mandate commanding ARB to revise the Scoping Plan.
The CEQA portion of the case involves a challenge to the Functional Equivalent Document(FED). Petitioners challenge that CARB violated CEQA’s regulatory program by preparing and certifying the FED. In reviewing the CEQA portion of the case, the court granted the Petition for Writ of Mandate regarding alternative analysis and timing of action. The court denied the Petition for Writ of Mandate pertaining to impact analysis cause of action. The ruling goes onto read, “therefore, let a peremptory writ of mandate issue commanding ARB to set aside its certification of the FED and enjoining any implementation of the Scoping Plan until after Respondent has come into complete compliance with its obligations under its certified regulatory program and CEQA.”
This tentative ruling leaves open a 15 day period for plaintiffs and defendants in the case to file “objections.” If any objections are filed they would then be considered by the court when making their final decision.