United States Ninth Circuit

In an action claiming that an air pollution district's rule requiring development sites to reduce the amount of pollutants they emit was preempted by the Clean Air Act (CAA), summary judgment for defendant is affirmed where: 1) section 209(e)(1) preempted only those standards or requirements relating to the control of emissions from "new" construction equipment; and 2) even if the rule established standards or requirements, those requirements did not relate to the control of emissions from construction equipment under section 209(e)(2).

Appellate Information

• Decided 12/07/2010
• Published 12/07/2010

Judges

• Betty B. Fletcher

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Duane J. Desiderio, Philip M. Jay