California Court of Appeal

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Hardesty v. Sacramento Metro. AQMD, C065784

In an appeal from a judgment of the trial court denying petitioner's writ challenge to an abatement order, judgment is affirmed where: 1) the court was not required to use the independent judgment standard in reviewing the order; 2) the respondent's permit program, which contains an exemption for equipment that emits less than two pounds of pollutants in any 24-hour period, is not preempted by the federal Clean Air Act; and 3) the respondent properly required a permit for the diesel-powered generator that runs petitioner's central plant equipment even though the engine is registered under the state-wide Portable Equipment Registration Program.

Appellate Information

  • Decided 12/27/2011
  • Published 12/27/2011

Judges

  • HOCH

Court

  • California Court of Appeal

Counsel