Boeing defeats CEQA challenge in Ventura County Superior Court
Client(s) Boeing Company, The
Jones Day obtained a victory for The Boeing Company (“Boeing”) against a legal challenge arising from its environmental remediation efforts at the Santa Susana Field Laboratory, one of California’s most closely watched environmental cleanup efforts.
The Firm successfully represented Boeing in opposing a petition for writ of mandate brought by environmental advocacy groups alleging that a prior settlement agreement between Boeing and the California Department of Toxic Substances Control ("DTSC") violated the California Environmental Quality Act (CEQA) by foreclosing consideration of more stringent cleanup alternatives before completing environmental review. Additionally, the Firm argued persuasively that none of the factors identified in the seminal Save Tara v. City of West Hollywood case were present, and that DTSC retained full discretion to select an appropriate cleanup plan. The Ventura County Superior Court ruled in Boeing’s favor, finding that the record showed that the settlement agreement did not foreclose consideration of remediation alternatives or create an impermissible commitment to a particular cleanup plan. The court denied the petition and all relief sought by the petitioners.
Physicians for Social Responsibility/Los Angeles Chapter, Inc., et al. v. California Department of Toxic Substances Control et al., No. 56-2022-00570675 (Super. Ct. Ventura Cty., Cal.)
