California Court of Appeal

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Nat'l Paint & Coatings Ass'n. Inc. v. S. Coast Air Quality Mgmt. Dist., G040122

In plaintiff's action against an Air Quality Management District (district), challenging the district's 2002 amendments to its rule limiting the amount of volatile organic compounds allowed in various kinds of paint and coatings, denial of plaintiff's petition for administrative writ of mandate is affirmed except where: 1) as to the quick-dry enamels and rust preventive categories of coatings, the matter is remanded to the trial court for a hearing to determine whether there is any current state of the art technology available to comply with the district's 2006 limits on volatile compounds; and 2) if the trial court determines that there is not, the trial court shall grant the relief requested by petitioner as to these two categories of coatings only.

Appellate Information

  • Decided 09/29/2009
  • Published 09/29/2009

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Fulbright & Jaworski, Jeffrey B. Margulies and William L. Troutman, Los Angeles, for Plaintiff and Appellant.

  • For Appellees:
  • Shute, Mihaly & Weinberger, Matthew D. Zinn, San Francisco; Daniel P. Selmi, Los Angeles; Kurt R. Weise, Barbara B. Baird and William B. Wong, for Defendant and Respondent.
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