California Appeals Court Sends Imperial County Geothermal-Lithium Project Back for CEQA Review

The California Courts of Appeal issued a 55-page opinion requiring Imperial County to conduct a new environmental review of the Hell’s Kitchen geothermal power plant and lithium mining project. Environmental groups Comité Civico del Valle and Earthworks contended that the county’s original environmental impact report violated CEQA by not proving adequate water supplies for the project’s projected lifespan and by ignoring air-quality impacts as the Salton Sea recedes.

The panel concurred, stating the report lacked analysis of feasible mitigation for foreseeable water cutbacks and omitted discussion of how raw water use would affect the sea’s evaporation-driven dust. The court, however, upheld that the county’s consultation with local Native American tribes satisfied legal requirements. Associate Justice Julia Kelety authored the decision, joined by Chief Justice Terry O’Rourke and Associate Justice Truc Do, and remanded the case to the Imperial County Superior Court. Controlled Thermal Resources, the developer, now faces additional scrutiny before proceeding with a project touted for its economic promise but criticized for potential health and environmental risks.