State Can't Require Use Of Future Tech: Calif. Court

Law360, New York (October 1, 2009, 6:05 PM EDT) -- Issuing a decision in a regulatory dispute between a paint industry trade group and a California air quality regulator, a California appeals court has ruled that state air quality authorities can require the use only of currently available technology when regulating existing sources of air pollution.

Interpreting the meaning of the law that governs the way California's air quality management districts set emission limits, the California Court of Appeal for the Fourth Appellate District said in a ruling issued Tuesday that companies cannot be required by...
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