Association of Irritated Residents v. C & R Vanderham Dairy

ORDER ON DEFENDANTS’S MOTION TO DISMISS

ISHII, District Judge.

This is a Clean Air Act (“CAA”) case brought by Plaintiff Association of Irritated Residents (“AIR”) against Defendants C & R Vanderham Dairy, and Rick and Corrie Vanderham (collectively ‘Vander-ham”). AIR alleges that Vanderham violated California’s State Implementation Plan by constructing a stationary source that may emit pollutants without obtaining an Authority to Construct (“ATC”) permit from the San Joaquin Valley Unified Air Pollution Control District (“the District”) and without the attendant pollution limitations required…