California appeals court reverses ruling over Grist Creek Aggregates asphalt plant

The California First District Court of Appeal has reversed a trial court’s dismissal of a lawsuit by Friends of Outlet Creek against the Mendocino County Air Quality Management District to prevent a proposed asphalt plant at the site of an aggregate and concrete operation.

Friends of Outlet Creek sued the district and Grist Creek Aggregates, owner of the site, in a lower court. It cited the environmental impact that a proposed asphalt processing plant on the banks of Outlet Creek would have on air quality under the California Environmental Quality Act (CEQA).

Friends of Outlet Creek asserted the district would have needed an updated environmental impact review when Grist Creek Aggregates decided to process asphalt on the industrial site.

The district’s air pollution control officer, however, found that the site already was in compliance with CEQA guidelines because the site was used for aggregate and concrete processing and hot asphalt mixing by its two previous owners.

In June 2015, the district officer issued an authority to construct for Grist’s proposed asphalt production. The district and Grist Creek Aggregates successfully demurred on grounds the lawsuit was moot. The district argued that Friends of Outlet Creek could, according to the appellate court document, “only proceed against the district in an administrative mandamus proceeding under Health be and Safety Code section 40864, which the district and Grist Creek Aggregates contended cannot embrace a challenge under the CEQA.”

The trial court dismissed the case. The appeals court, however, reversed the lower court’s dismissal and ruled there is an established precedent for allowing CEQA claims against air quality management districts. The appeals court said the only action that Friends of Outlet Creek can take in this case is to challenge the district’s authority to construct for the proposed asphalt plant as a violation of either CEQA or its own rules.

(Visited 105 times, 1 visits today)

Get involved


As a member of this site you will be able to receive aggregates news relating only to those categories that are most relevant to you, submit job listings for FREE, post questions in the Q&A, and more.

Register Now

Feature your company

The Feature Your Company listing is your custom-made (by us) profile page that allows you to add any of the following content: text, videos, links, images. The page will also be listed on the Featured Company landing page. Over 560 unique aggregates users visit the site per day! Complete the enquiry form now to contact us.

Contact us


Are you looking for an aggregate related job? Click here to see our jobs listing supplied by industry experts United Employment.

See Jobs


Reach thousands of budget holders and decision makers by promoting your company on the longest established aggregate website in the US & Canada. Or advertise in our emails which are sent to opted-in subscribers according to their chosen categories. All advertising will display correctly on tablets and mobiles as this site is responsive.