The status of litigation related to the Chevron Modernization is a factor in when permits for the project will be released and is of particular interest to those advocating for a transfer of funds in the Community Benefits Agreement to benefit DMC.

CBE’s "Objection to Return to the Supplemental Writ" (regarding the Chevron Modernization EIR was not joined by APEN or West County Toxics. It is very brief, focusing only on the hydrogen plant piecemealing issue decided favorably to the City by the Court of Appeal in 2009. No challenge to the current EIR was filed, so the EIR certified in July is conclusively presumed to be a valid CEQA document for the Modernization Project.

The only "litigation" involving the City focuses on the Writ from the prior litigation and whether it should be "discharged" and the stay on construction lifted.  The Court Order establishing the Briefing Schedule and a Hearing Date for the Writ was challenged by CBE. The briefs must be filed starting October 30 and ending on January 12, 2015. The hearing is scheduled for January 25, 2015, an accelerated schedule, It is unclear when the Court will decide the matter, although judges are expected to rule within 90 days. Either party then has 60 days to appeal an adverse decision. It is, therefore, possible that the trial court proceeding will not become final for 6-8 months from now, but it is difficult to predict.

CBE’s litigation over the BAAQMD does not involve the City, but it remains a factor affecting the release of permits.