The Superior Court of Tulare County has ruled that the City of Tulare’s 2024 Zoning Ordinance Update violated the California Environmental Quality Act (CEQA). The court directed the city to void its approval of the ordinance and comply with CEQA requirements before any future actions regarding zoning updates.
Attorney General Rob Bonta commented on the decision, stating, “For too long, communities of color and low-income communities have borne the brunt of pollution, leaving them with devastating impacts to their health. Today’s ruling shows that the rule of the law, including CEQA, ensures California’s economic development does not come at the expense of clean air, safe water, and healthy neighborhoods. It gives communities —especially those too often ignored —a voice in the decisions that shape their lives. At the California Department of Justice, we will continue to stand firm that environmental justice and economic opportunity go hand in hand. We will continue to uphold laws such as CEQA as a cornerstone of both.”
The lawsuit was filed by Attorney General Bonta in January 2025 after Tulare adopted an update allowing cold-storage and other facilities to be permitted by right in industrial zones without environmental review. Additional suits were brought by Laborers International Union of North America Local Union 294 and Matheny Tract Committee. These were consolidated with Bonta’s case.
By-right permitting allows certain developments without specific environmental reviews or mitigation measures for potential health impacts. While state law permits this type of development process, approvals are still subject to CEQA requirements if they may impact nearby communities.
Matheny Tract is a community established in 1947 when African Americans were prevented from living within Tulare due to racially restrictive covenants but could settle nearby. Today nearly 90% of its more than 1,000 residents are Hispanic or Latino. Residents have faced high levels of pollution for years—particularly fine particle pollution linked to cardiovascular disease and premature death.
Cold-storage facilities can increase cancer risks for people living up to a mile away due to emissions from diesel-powered transport refrigeration units (TRUs) used by trucks servicing these sites. These TRUs emit higher levels of toxic pollutants compared to standard trucks because their engines often run continuously while loading or unloading.
The California Attorney General’s office serves as chief law enforcement authority for the state, focusing on enforcing laws related to public rights, safety, civil rights, consumer protection and environmental justice (official website). The office operates statewide under Rob Bonta’s leadership (official website) and advances policies supporting transparency through initiatives like OpenJustice (official website).
