N22-1080
CASE NAME: COMMUNITIES FOR A BETTER ENVIRONMENT VS. COUNTY OF CONTRA COSTA
*HEARING ON MOTION IN RE: TO DISCHARGE WRIT OF MANDATE
FILED BY: COUNTY OF CONTRA COSTA
*TENTATIVE RULING:*
NOTE: Although the matter is set for 9:00 a.m., the Court will not be able to hear the matter
until 10:00 a.m., and counsel should not appear before that time.
I. Background
Previously, the Court issued a writ of mandate compelling Respondents to: (1) reconsider
whether the NuStar Terminal modifications needed to be included as part of the “project” as
described in the EIR; (2) include consideration of Unit 250 in the cumulative impacts analysis; and (3)
reconsider the Odor Prevention and Management Plan. The lengthy background of these orders is
included in the Court’s Statement of Decision and will not be repeated here.
In response, respondents certified a Revised EIR that does the following: (1) concludes that
the NuStar Terminal modifications