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ASSOCIATION OF IRRITATED RESIDENTS v. SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DIST.

No. F053956.

168 Cal.App.4th 535 (2008)

ASSOCIATION OF IRRITATED RESIDENTS, Plaintiff and Appellant, v. SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT, Defendant and Respondent; COMMUNITY ALLIANCE FOR RESPONSIBLE ENVIRONMENTAL STEWARDSHIP et al., Interveners and Respondents.

Court of Appeals of California, Fifth District.

November 19, 2008.

Attorney(s) appearing for the Case

Center on Race, Poverty & the Environment, Brent J. Newell, Luke W. Cole, Sofia L. Sarabia, Caroline Farrell and Ingrid Brostrom for Plaintiff and Appellant.

Philip M. Jay and Catherine T. Redmond for Defendant and Respondent.

Greenberg Glusker Fields Claman & Machtinger, David E. Cranston and Sedina L. Banks for Interveners and Respondents.

OPINION

WISEMAN, Acting P. J.

In this opinion, we hold that rule 4570, promulgated by the San Joaquin Valley Unified Air Pollution Control District (district), as mandated by Health and Safety Code1 section 40724.6, was adopted without conducting an adequate assessment of its impact on public health. We also conclude that section 40724.6 is intended to address the district's failure to meet federal and state ambient...

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