SAN DIEGO GAS & ELECTRIC COMPANY, Plaintiff and Appellant,
v.
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT et al., Defendants and Respondents; INDUSTRIAL ENVIRONMENTAL ASSOCIATION OF SAN DIEGO COUNTY et al., Interveners and Appellants.
Court of Appeals of California, Fourth District, Division One.https://leagle.com/images/logo.png
August 17, 1988.
August 17, 1988.
Attorney(s) appearing for the Case
COUNSEL
Lisa C. Anderson, Timothy W. Tower and Michael R. Weinstein for Plaintiff and Appellant.
Lloyd M. Harmon, Jr., County Counsel, Daniel J. Wallace, Chief Deputy County Counsel, and Barbara Baird, Deputy County Counsel, for Defendants and Respondents.
James L. McBride, County Counsel (Ventura), and James W. Thonis, Assistant County Counsel, as Amici Curiae on behalf of Defendants and Respondents.
Latham & Watkins, David L. Mulliken, Christoper W. Garrett, Timothy C. Stutler, Stephen McConnell, Kristine L. Wilkes and Laurens H. Silver for Interveners and Appellants.
Court of Appeals of California, Fourth District, Division One.
OPINION
WORK, J.
(1) In this case we hold the San Diego County Air Pollution Control District (district or APCD) may recover actual costs of operation which are not reasonably identifiable with specific industrial polluters (indirect costs) by apportioning them among all monitored polluters according to a formula based on the amount of emissions discharged by a stationary pollution source. In reaching this result, we...
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