Western Oil & Gas Assn. v. Air Resources Board

BROUSSARD, J., Concurring and Dissenting.

I concur in the portions of the majority opinion concluding that the State Air Resources Board may not reject department recommendations as to the health effects of air pollution and that the board may incorporate a “margin of safety.”

However, I must dissent from the majority’s determination that the board need not consider the economic effects of proposed standards of ambient air quality. In my view, the board must consider the economic consequences of proposed standards, including the potential loss of industry and jobs and the costs of compliance. I…