9th Circ. Validates Construction Emissions Rule

Law360, New York (December 8, 2010, 2:14 PM EST) -- The National Association of Home Builders has lost its challenge to the dismissal of its suit alleging that a California air pollution control district's land development air emissions rule is preempted by the federal Clean Air Act.

In a 2-1 decision, the U.S. Court of Appeals for the Ninth Circuit on Tuesday affirmed the lower court's September 2008 order finding that the San Joaquin Valley Unified Air Pollution Control District and two intervening defendants — the Environmental Defense Fund and the Sierra Club — were entitled...
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