California Attorney General Rob Bonta has filed a lawsuit against the City of Tulare, challenging its recent Zoning Ordinance Update. The update permits cold-storage and other facilities by-right in both light and heavy industrial zones, bypassing further environmental review or mitigation measures. These facilities are known to pose health risks to nearby communities, including Matheny Tract.
Attorney General Bonta contends that the City approved the ordinance without conducting necessary environmental reviews, violating the California Environmental Quality Act (CEQA). He also argues that the ordinance conflicts with policies in the City's General Plan, contravening state law.
"As Attorney General, I have a responsibility to enforce the state’s environmental laws, and I am committed to standing up for communities that too often are overlooked," said Attorney General Bonta. "Matheny Tract residents deserve environmental protections that prioritize their health and well-being. That’s why we’re filing this lawsuit, which would hold the City of Tulare accountable for violating the law and compel the City to fulfill its legal requirements to mitigate the potential environmental harms to local residents."
Matheny Tract was established in 1947 by E.S. and Grace Matheny as a community where African Americans could settle when racially restrictive covenants prevented them from living in Tulare. Today, nearly 90% of its over 1,000 residents are Hispanic or Latino. The community faces high pollution levels, particularly fine particle pollution linked to cardiovascular disease and premature death.
In December 2024, despite these concerns, Tulare's City Council approved the Zoning Ordinance Update without conducting an environmental review, claiming exemption from CEQA. Cold storage facilities use trucks with transport refrigeration units (TRUs), typically diesel-powered, emitting high levels of toxic pollutants.
The lawsuit claims that Tulare violated CEQA and State Planning and Zoning Law by failing to conduct an environmental review for the ordinance's by-right permitting of industrial facilities; account for health risk assessments required by its General Plan; and mitigate significant environmental impacts as mandated by law.
A copy of the petition is available online.