California Court of Appeal

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W.M. Barr & Co. v. South Coast Air Quality Management Dist., B233892

In a suit challenging an Air Quality Management District's adoption of Rule 1143, which requires manufacturers of consumer paint thinner and solvent products to limit the use of ozone-forming volatile organic compounds (VOCs) in their products in order to meet the District's commitment under the federal Clean Air Act, 42 U.S.C. section 7401 et seq., and the California Clean Air Act, Health and Saf. Code section 40910 et seq., is affirmed where: 1) the Federal Hazardous Substances Act (FHSA) did not preempt Rule 1143 because Rule 1143's product labeling did not address the same risks as the FHSA; 2) Rule 1143 does not conflict with the California State Air Resources Board regulations because Rule 1143 was enacted for a different purpose; and 3) the District's environmental assessment of Rule 1143 complied with CEQA because it determined that Rule 1143 would create no significant impacts on the environment, and thus need not consider alternatives or mitigation measures.

Appellate Information

  • Decided 06/28/2012
  • Published 06/28/2012

Judges

  • JOHNSON,

Court

  • California Court of Appeal

Counsel