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COALITION v. BOARD

No. C041897.

19 Cal.Rptr.3d 635 (2004)

122 Cal.App.4th 1249

COALITION FOR REASONABLE REGULATION OF NATURALLY OCCURRING SUBSTANCES, et al., Plaintiffs and Appellants, v. CALIFORNIA AIR RESOURCES BOARD, et al., Defendants and Respondents.

Court of Appeals of California, Third District.

As Modified on Denial of Rehearing October 29, 2004.

Review Denied January 12, 2005.

Attorney(s) appearing for the Case

Diepenbrock Law Firm, Mark D. Harrison, Gene K. Cheever, Sacramento, for Plaintiffs and Appellants.

Mark S. Rentz, for California Forestry Association and California Manufacturers and Technology Association as Amici Curiae on behalf of Plaintiffs and Appellants.

Nick Cammarota, for California Building Industry Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Mary E. Hackenbracht, Assistant Attorney General, Ralph J. Venturino, Deputy Attorney General, for Defendants and Respondents.

BLEASE, Acting P.J.

This is an appeal from a judgment which upheld an Air Resources Board (Board) regulation that barred the sale and supply of rock which contains asbestos for the surfacing of unpaved roads.

The plaintiffs, mining and construction industry groups, challenge the Board's compliance with the Tanner Act (Health & Saf.Code, § 39650 et seq.) and with the California Environmental Quality Act (CEQA).1

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