California Bldg. Indus. Ass'n v. San Joaquin Valley Air Pollution Control Dist., No. 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.     

Read California Bldg. Indus. Ass'n v. San Joaquin Valley Air Pollution Control Dist., No. F055448

Judges

Opinion by Judge Levy

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 Appelle:  Philip M. Jay and Catherine T. Redmond