Legal Opinion

Association of Irritated Residents v. San Joaquin Valley Unified Air Pollution Control District

California Court of Appeal

Decided November 19, 2008No. F053956PublishedCited by 5 opinions

1Opinion of the Court

Opinion

WISEMAN, Acting P. J.

In this opinion, we hold that rule 4570, promulgated by the San Joaquin Valley Unified Air Pollution Control District (district), as mandated by Health and Safety Code 1 section 40724.6, was adopted without conducting an adequate assessment of its impact on public health. We also conclude that section 40724.6 is intended to address the district’s failure to meet federal and state ambient air quality standards for ozone and does not regulate ammonia emissions produced by large confined animal facilities. Finally, we determine that the district’s findings were not…

2Cases cited25 opinions

  1. Whitman v. American Trucking Assns., Inc.Supreme Court of the United States · 2001
  2. Dyna-Med, Inc. v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1987
  3. Gantt v. Sentry InsuranceCalifornia Supreme Court · 1992
  4. Green v. Ralee Engineering Co.California Supreme Court · 1998
  5. People v. Western Air Lines, Inc.California Supreme Court · 1954

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3Cited by5 opinions

  1. California Ass'n of Medical Products Suppliers v. Maxwell-JollyCalifornia Court of Appeal · 2011
  2. Ass'n of Irritated Residents v. State Air Resources BoardCalifornia Court of Appeal · 2012
  3. California Privacy Protection Agency v. Super. Ct.California Court of Appeal · 2024
  4. Kern County Hospital Auth. v. Dept. of Corrections & RehabilitationCalifornia Court of Appeal · 2023
  5. Riddle v. Vallely CA4/3California Court of Appeal · 2020

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