Judge Orders San Bernardino County To Redo Environmental Review of Bloomington Business Park

September 24, 2024

Judge Orders San Bernardino County To Redo Environmental Review of Bloomington Business Park

Victory

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Warehouse project bringing 1,300 diesel truck trips per day in "diesel death zone" must undergo further scrutiny before development begins

Contacts

Contacts: Miranda Fox, Earthjustice, (415) 283-2324, [email protected]
Alicia Aguayo, People's Collective for Environmental Justice, (909) 248-3885, [email protected]
Ana Gonzalez, Center for Community Action and Environmental Justice, (909) 275-9812, [email protected]
Wendy Leung, Center for Biological Diversity, (818) 625-3128, [email protected]
Mary Ann Ruiz, Sierra Club, [email protected], 909-815-9379
Maria Sundeen, Western Center on Law & Poverty, [email protected]

Bloomington, CA-

A Superior Court judge ruled in favor of community and environmental groups who challenged San Bernardino County's approval of the Bloomington Business Park Specific Plan in violation of the California Environmental Quality Act (CEQA). If constructed as planned, industrial operations would have brought 1,300 heavy-duty diesel trucks and additional pollution to a predominantly working class Latino community that is already overburdened by similar warehouse developments.

The court's ruling instructs San Bernardino County to set aside its environmental impact report for the project and perform a new one that complies with CEQA. The court determined the county's CEQA analysis was faulty across a swath of areas, including the range of alternatives considered, air quality, greenhouse gas emissions, energy and noise impacts. In the meantime, construction of the project must stop. The county must also provide a plan to avoid or mitigate against any significant environmental impacts. As proposed, the project would displace over 100 households, and once constructed, the nearest residence would have been only 11 feet away from the project.

The decision was issued nearly three months after the groups, residents, and other community supporters gathered before the courthouseat the hearing, demonstrating their commitment to protect their community from the proposed 213-acre development.

"Bloomington residents have been overburdened by air pollution, a lack of infrastructure support, and have been disregarded for years. The county, alongside the developer, did not thoroughly consider the overwhelming cumulative impacts and pollution this community already faces with the project," said organizer Alondra Mateo with the People's Collective for Environmental Justice. "This decision is just the beginning in a long fight for justice for Bloomington, the residents no longer with us, and our kids who shouldn't have to be worried about their future here."

Joaquin Castillejos, a resident and organizing coordinator at Center for Community Action and Environmental Justiceadded, "Bloomington's situation reflects a county that has long prioritized profit over people, ignoring community concerns for decades. This ruling is a significant victory but only a small step toward a future where people's voices truly shape their community."

Mary Ann Ruiz, the San Gorgonio Chapter Chair of the Sierra Club reaffirmed the significance of this decision for residents. "San Bernardino County Supervisors have ignored the health and quality of life of Bloomington community members in favor of warehouse developers for too long. This decision requires them to reconsider the impacts of this harmful project on the lives of residents. This also serves as a reminder that county leaders are only held accountable when legal action is taken; otherwise residents and environmental protection agency comments are ignored."

"The court's decision is crystal clear: San Bernardino County wronged the Bloomington community in the approval of this project. The county and the developer will need to fix the serious defects that underpinned the decision to cram more warehouses so close to schools and residences. Bloomington has consistently been targeted by polluting, industrial projects, and this decision recognizes the community's struggle for their health. Earthjustice will continue working with our clients and partners to ensure that Bloomington does not get shortchanged by the county and entrenched developer interests," said Candice Youngblood, Earthjustice attorney.

"The court has decided to side with community members in a ruling that sends a clear message about warehouse pollution to Inland Empire decision makers. The era of favoring warehouses has got to stop. Bloomington residents did nothing to deserve more freight traffic spewing pollution past their schools and backyards," said Frances Tinney, Center for Biological Diversityattorney.

"We're pleased that the court acknowledges the real environmental harm caused to this community. While the county goes back to the drawing board to analyze the real environmental harms that will occur with the project, the lawsuit will continue in the courts with regards to our discrimination and fair housing claims. The county continues to site warehouse projects, including this 213-acre project, without regard to its effect on this largely Latino community, and it must stop. We are confident that the court will rule in our favor on these issues as well," said Katie McKeon, Staff Attorney for Western Center on Law & Poverty.

Background

Earthjustice represented People's Collective for Environmental Justice, Center for Community Action and Environmental Justice, and Center for Biological Diversity, in a suit joined by Sierra Club. They filed this lawsuit in December 2022 against the County of San Bernardino for its failure to comply with the California Environmental Quality Act (CEQA) and fair housing laws. The Bloomington Business Park would add nearly 1,300 diesel truck trips per day to an area already referred to as a "diesel death zone." An influx of other massive warehouses in the region contribute to the new project area's overall pollution burden that is 94% higher than the rest of California.

Local land use decisions, including those made by the county, have dramatically transformed the landscape in recent years, as the number of industrial warehouses in San Bernardino and Riverside counties has multiplied from 162 in 1975 to 4,299 in 2021. The result is a logistics hub so large that it is visible from outer space. The Inland Empire's warehouse boom can be traced in part to the Ports of Los Angeles and Long Beach, which are primary entryways for imported goods to enter the region. Over 40% of the nation's goods come through the Inland Empire, fueling a logistics supply chain that is the largest driver of diesel pollution in Southern California.

Freight trucks line up outside of a warehouse on Cyber Monday in San Bernardino. (Center for Community Action and Environmental Justice)

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