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Updated: 15 hours 30 min ago

After Years of Pollution, the Kern Energy Hydrogen Project Will Proceed Without Environmental Review

Mon, 10/26/2026 - 15:43

FOR IMMEDIATE RELEASE
October 27, 2026

MEDIA CONTACTS
Stephanie Ambriz, 442-400-2534, sambriz@leadershipcounsel.org

BAKERSFIELD, CA — After a 6-hour hearing on October 14, 2026, the Southern Region Hearing Board of the San Joaquin Valley Air Pollution Control District upheld the Authority to Construct Permit for a hydrogen energy project at the Kern Energy oil refinery. 

This decision came after community groups 184 Community Action Group and Comité Progreso de Lamont, represented by Leadership Counsel and the Center on Race, Poverty, and the Environment, submitted a petition on May 29, 2026 calling for the revocation of the Permit. Petitioners alleged that District staff violated the California Environmental Quality Act (CEQA), the AB 617 Community Emissions Reduction Program (CERP), and federal and state Stationary Source Review requirements. However, the Petitioners’ CEQA and CERP claims were dismissed at a preliminary hearing on August 12, 2026. The remaining Stationary Source Review claim, outlined in Petitioners’ trial brief, was argued at length on October 14.

“Residents living near the refinery suffer some of the worst air quality in the United States” said Vivyana Prado, Staff Attorney with Leadership Counsel for Justice and Accountability, “the Clean Air Act is supposed to improve air quality and alleviate related health issues. However, improper implementation and inadequate enforcement of the Clean Air Act at the local, state, and federal levels are making conditions worse. ”

“We simply ask that Kern Energy abide by state, federal, and Air District rules and regulations. It is the bare minimum the refinery can do for our communities,” said Kayla Karimi, Staff Attorney with the Center on Race, Poverty, and the Environment. “The Hearing Board’s determination last week allows Kern Energy to avoid doing even that bare minimum.”

Kern Energy has accumulated more than 500 violations over the last decade, which include release of more air pollutants than legally permitted, gas leaks and “fugitive emissions”, failure to monitor or report pollution, pollution control systems that are either not installed or not functioning, and more. Fence-line air monitoring shows daily exposures to benzene, hydrogen sulfide, ammonia, and nitrogen dioxide–chemicals linked to cancer, respiratory illness, and death. Flares and noxious odors frequently trigger emergency responses. Moreover, residents of Fuller Acres have consistently identified Kern Energy as a major source of pollution and a health concern. 

“While Kern Energy has paid fines, residents see no direct cleanup or benefits. Fuller Acres is treated as a sacrifice zone, where toxic exposure is normalized by industry and elected leaders,” said Jennifer Martinez, a Fuller Acres resident in the 184 Community Action Group. 

“Kern Energy has shown itself to be a bad neighbor,” said Diana Mireles, President of the Comité Progreso de Lamont. “The community does not feel safe with something as dangerous and new as hydrogen energy in Kern Energy’s hands, knowing they would rather pay fines than protect public health, as they have done for years. This is made worse by the lack of public emergency response planning.”

Community members remain deeply concerned about the lack of emergency response preparedness. Hydrogen leaks easily and is very flammable, which creates significant safety risks for surrounding communities. Furthermore, producing hydrogen energy from fossil sources can harm local air quality and release dangerous pollutants.

184 Community Action Group remains steadfast in their commitment to improve the health and well-being of their community.

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184 Community Action Group is a community organization formed by residents and their family members of disadvantaged communities, communities that face high economic, health, or environmental challenges, in and near Fuller Acres to advocate for the overall health and wellbeing of their communities, including equitable energy policy programs, and investments that protect public health, prevent climate change, and reduce risk of harm to residents. 

Comité Progreso de Lamont is a community-based organization formed to achieve a healthy environment and to improve community quality of life through resident and advocacy. The Comité works to hold local polluting industries accountable using collective action strategies and legal and policy tools.

Leadership Counsel for Justice and Accountability works alongside the most impacted communities in the San Joaquin Valley and Eastern Coachella Valley to advocate for sound policy and eradicate injustice to secure equal access to opportunity regardless of wealth, race, income, and place. Leadership Counsel focuses on issues like housing, land use, transportation, safe and affordable drinking water and climate change impacts on communities.

Central California Environmental Justice Network (CCEJN) supports grassroots leadership to promote environmental health education, community organizing, collaborative dialogue, and political involvement among rural, underserved communities of color in the San Joaquin Valley. 

The Center on Race, Poverty, and the Environment works in Kern and Tulare counties alongside the most impacted communities to protect our air, land, water, health, and economic security through collective action, community lawyering, and policy advocacy.

The post After Years of Pollution, the Kern Energy Hydrogen Project Will Proceed Without Environmental Review appeared first on Leadership Counsel for Justice & Accountability.

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