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California Court of Appeal


California Bldg. Indus. Ass'n v. San Joaquin Valley Air Pollution Control Dist., F055448

In a challenge to two rules adopted by respondent-Air Pollution Control District (District), trial court's judgment in favor of District is affirmed as the District had the power to adopt the indirect source review (ISR), intended to encourage developers to reduce indirect pollution caused by new development projects, and the fees imposed pursuant to those rules are valid regulatory fees.

Appellate Information

  • Decided 10/06/2009
  • Published 10/06/2009

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Sheppard, Mullin, Richter & Hampton, David P. Lanferman and James F. Rusk; Law Offices of Walter P. McNeill and Walter P. McNeill for Plaintiffs and Appellants.

  • For Appellees:
  • Philip M. Jay and Catherine T. Redmond for Defendant and Respondent., Wilson, Sonsini, Goodrich & Rosati and Douglas J. Clark for Interveners and Respondents., Edmund G. Brown, Jr., Attorney General, J. Matthew Rodriquez, Chief Assistant Attorney General, Gordon Burns, Deputy Solicitor General, Ken Alex, Senior Assistant Attorney General, Sally Magnani and Lisa Trankley, Deputy Attorneys General, as Amicus Curiae on behalf of Defendant and Respondent.
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