California Unions for Reliable Energy v. Mojave Desert Air Quality Mgmt. Dist., No. E046687

In plaintiff's action against defendant-district concerning its adoption of Rule 1406 claiming that it was exempt from environmental review under the California Environmental Quality Act, judgment of the trial court is reversed as there was insufficient evidence to support the District's finding that the adoption of Rule 1406 was within the Class 8 categorical exemption. 

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Filed October 30, 2009

Judges

Opinion by Judge Richli

Counsel

For Appellant: Adams Broadwell Joseph & Cardozo, Marc D. Joseph and Gloria D. Smith

For Appellee:  Best Best & Krieger, Michelle Ouellette and Brian D. Mabee; Karen K. Nowak, District Counsel