California Unions for Reliable Energy v. Mojave Desert Air Quality Management District
California Court of Appeal
[CERTIFIED FOR PARTIAL PUBLICATION*]
1Opinion of the Court
Opinion
RICHLI, Acting P. J.
In 2007, the Mojave Desert Air Quality Management District (the District) adopted “Rule 1406.” Rule 1406 concerns the use of road paving—which reduces airborne dust—to offset increases in airborne dust as well as other forms of particulate air pollution.
The parties offer strikingly different characterizations of Rule 1406.
According to the District, Rule 1406 merely provides a “protocol” to be used in applying for, calculating, and issuing paving offsets. It does not authorize any actual road paving; hence, it cannot possibly have any environmental effects. Any…
2Cases cited15 opinions
- Western States Petroleum Assn. v. Superior CourtCalifornia Supreme Court · 1995
- Wildlife Alive v. ChickeringCalifornia Supreme Court · 1976
- Bozung v. Local Agency Formation CommissionCalifornia Supreme Court · 1975
- Muzzy Ranch Co. v. Solano County Airport Land Use CommissionCalifornia Supreme Court · 2007
- Gentry v. City of MurrietaCalifornia Court of Appeal · 1995
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