Legal Opinion
San Diego Gas & Electric Co. v. San Diego County Air Pollution Control District
California Court of Appeal
Decided August 17, 1988No. D006647PublishedCited by 27 opinions
1Opinion of the Court
Opinion
WORK, J.
In this case we hold the San Diego County Air Pollution Control District (district or APCD) may recover actual costs of operation which are not reasonably identifiable with specific industrial polluters (indirect costs) by apportioning them among all monitored polluters according to a formula based on the amount of emissions discharged by a stationary pollution source. In reaching this result, we find the “emissions-based” formula adopted by the district is neither a prohibited “special tax” (see Cal. Const., art. XIII A, § 4 (Prop. 13)) nor beyond the district’s statutory…
2Cases cited12 opinions
- Amador Valley Joint Union High School District v. State Board of EqualizationCalifornia Supreme Court · 1978
- Los Angeles County Transportation Commission v. RichmondCalifornia Supreme Court · 1982
- United Business Commission v. City of San DiegoCalifornia Court of Appeal · 1979
- San Marcos Water District v. San Marcos Unified School DistrictCalifornia Supreme Court · 1986
- Pennell v. City of San JoseCalifornia Supreme Court · 1986
7 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Cal. Building Industry Assn. v. State Water Resources Control Bd.California Supreme Court · 2018
- Sinclair Paint Co. v. State Board of EqualizationCalifornia Supreme Court · 1997
- Jacks v. City of Santa BarbaraCalifornia Supreme Court · 2017
- City of San Buenaventura v. United Water Conservation DistrictCalifornia Supreme Court · 2017
- City of Dublin v. County of AlamedaCalifornia Court of Appeal · 1993
22 more not listed; retrieve them via the Exa API.