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CALIFORNIA BUILDING INDUSTRY ASSN. v. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DIST.

No. F055448.

178 Cal.App.4th 120 (2009)

CALIFORNIA BUILDING INDUSTRY ASSOCIATION et al., Plaintiffs and Appellants, v. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT, Defendant and Respondent; MEDICAL ADVOCATES FOR HEALTHY AIR et al., Interveners and Respondents.

Court of Appeals of California, Fifth District.

October 6, 2009.

Attorney(s) appearing for the Case

Sheppard Mullin Richter & Hampton, David P. Lanferman, James F. Rusk; Law Offices of Walter P. McNeill and Walter P. McNeill for Plaintiffs and Appellants.

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

Edmund G. Brown, Jr., Attorney General, J. Matthew Rodriquez, Chief Assistant Attorney General, Gordon Burns, Deputy Solicitor General, Ken Alex, Assistant Attorney General, Sally Magnani and Lisa Trankley, Deputy Attorneys General, as Amicus Curiae on behalf of Defendant and Respondent.

Wilson, Sonsini, Goodrich & Rosati and Douglas J. Clark for Interveners and Respondents.

OPINION

LEVY, J.—

Appellants, California Building Industry Association, Coalition for Urban Renewal Excellence, Valley Taxpayers Coalition, and Modesto Chamber of Commerce, challenge the validity of two rules adopted by respondent, San Joaquin Valley Air Pollution Control District (District). These rules, commonly referred to as indirect source review (ISR), are intended to encourage developers to reduce indirect pollution, i.e., mobile...

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