Builders' Suit Over Calif. Emissions Rule Tossed

Law360, New York (September 22, 2008, 12:00 AM EDT) -- A California judge has shot down an argument by a national building trade association that a state air pollution control district's land development air emissions rule was preempted by the federal Clean Air Act, instead ruling that the regulation is valid and enforceable.

Judge Lawrence J. O'Neill of the U.S. District Court for the Eastern District of California said Friday that the San Joaquin Valley Air Pollution Control District and two intervening defendants, Environmental Defense Fund and the Sierra Club, were entitled to summary judgment against...
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