Legal Opinion
Harbor Fumigation, Inc. v. County of San Diego Air Pollution Control District
California Court of Appeal
Decided March 18, 1996No. D019886PublishedCited by 8 opinions
1Opinion of the Court
Opinion
McDONALD, J.
Harbor Fumigation, Inc. (Harbor) appeals a judgment declaring that the County of San Diego Air Pollution Control District (APCD) has authority to regulate emissions from the Tenth Avenue Marine Terminal facility (Facility) in San Diego in which methyl bromide is used as a pesticide. We conclude the relevant statutory language which directs the Department of Pesticide Regulation (DPR) to regulate the use of pesticides that are toxic air contaminants does not divest APCD of its regulatory authority. Accordingly, we affirm the judgment.
Factual and Procedural Background
The…
2Cases cited11 opinions
- California Teachers Ass'n v. San Diego Community College DistrictCalifornia Supreme Court · 1981
- People v. CoronadoCalifornia Supreme Court · 1995
- DeYoung v. City of San DiegoCalifornia Court of Appeal · 1983
- Stratton v. First National Life InsuranceCalifornia Court of Appeal · 1989
- Western Oil & Gas Ass'n v. Monterey Bay Unified Air Pollution Control DistrictCalifornia Supreme Court · 1989
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- International Longshoremen's & Warehousemen's Union v. Los Angeles Export Terminal, Inc.California Court of Appeal · 1999
- Metropolitan Water District v. Imperial Irrigation DistrictCalifornia Court of Appeal · 2000
- Conway v. City of Imperial BeachCalifornia Court of Appeal · 1997
- San Diego Gas & Electric Co. v. City of CarlsbadCalifornia Court of Appeal · 1998
- Chen v. Franchise Tax BoardCalifornia Court of Appeal · 1999
3 more not listed; retrieve them via the Exa API.