WESTERN OIL & GAS ASSN. v. ORANGE COUNTY AIR POLLUTION

Docket No. L.A. 30358.

14 Cal.3d 411 (1975)

534 P.2d 1329

121 Cal. Rptr. 249

WESTERN OIL AND GAS ASSOCIATION et al., Plaintiffs and Respondents, v. ORANGE COUNTY AIR POLLUTION CONTROL DISTRICT et al., Defendants and Appellants.

Supreme Court of California. In Bank.

May 23, 1975.


Attorney(s) appearing for the Case

COUNSEL

Adrian Kuyper, County Counsel, Walter D. Webster and John F. Powell, Deputy County Counsel, for Defendants and Appellants.

Evelle J. Younger, Attorney General, Robert H. O'Brien, Assistant Attorney General, Nicholas C. Yost and C. Foster Knight, Deputy Attorneys General, as Amici Curiae on behalf of Defendants and Appellants.

McCutchen, Black, Verleger & Shea, Philip K. Verleger, Jack D. Fudge and David A. Destino for Plaintiffs and Respondents.

Thomas J. Graff, Mary D. Nichols, Eli Chernow, C. William Simmons and S. Kingsley Macomber as Amici Curiae.


OPINION

MOSK, J.

We are called upon to decide whether an air pollution control district established under section 24198 et seq. of the Health and Safety Code1 is authorized to regulate the amount of lead contained in gasoline sold within the district for use in motor vehicles. We conclude that this power resides not with the districts but with the statewide Air Resources Board (hereinafter ARB) established...

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