Legal Opinion

National Ass'n of Home Builders v. San Joaquin Valley Unified Air Pollution Control District

Court of Appeals for the Ninth Circuit

Decided December 7, 2010No. 08-17309PublishedCited by 7 opinions

1Opinion of the Court

Opinion by Judge B. FLETCHER; Partial Concurrence and Partial Dissent by Judge N.R. SMITH.

OPINION

B. FLETCHER, Circuit Judge:

In response to levels of pollution that violated national air quality standards, the San Joaquin Valley Unified Air Pollution District adopted “Rule 9510,” which requires development sites to reduce the amount of pollutants they emit. The National Association of Home Builders (NAHB) sued the District, claiming that Rule 9510 is preempted by the Clean Air Act. The district court held that Rule 9510 is not preempted. We affirm.

I

A

The residents of the San Joaquin Valley…

2Cases cited10 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Louisiana Pub. Serv. Comm'n v. FCCSupreme Court of the United States · 1986
  3. Erlenbaugh v. United StatesSupreme Court of the United States · 1972
  4. Engine Manufacturers Ass'n v. South Coast Air Quality Management DistrictSupreme Court of the United States · 2004
  5. Engine Manufacturers Ass'n v. U.S. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1996

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3Cited by7 opinions

  1. John Karczewski v. Dch Mission Valley LLCCourt of Appeals for the Ninth Circuit · 2017
  2. Sierra Club v. United States Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2012
  3. Jensen Family Farms, Inc. v. Monterey Bay Unified Air Pollution Control DistrictCourt of Appeals for the Ninth Circuit · 2011
  4. In re Volkswagen "Clean Diesel" Marketing, Sales Practices, & Products Liability LitigationDistrict Court, N.D. California · 2017
  5. Coalition for Clean Air v. VWR International, LLCDistrict Court, E.D. California · 2013

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