CALIFORNIA UNIONS FOR RELIABLE ENERGY v. MOJAVE DESERT AIR QUALITY MANAGEMENT DIST.

No. E046687.

178 Cal.App.4th 1225 (2009)

CALIFORNIA UNIONS FOR RELIABLE ENERGY et al., Plaintiffs and Appellants, v. MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Two.

As modified November 16, 2009.

CERTIFIED FOR PARTIAL PUBLICATION


Attorney(s) appearing for the Case

Adams Broadwell Joseph & Cardozo, Marc D. Joseph and Gloria D. Smith for Plaintiffs and Appellants.

Edmund G. Brown, Jr., Attorney General, J. Matthew Rodriguez, Chief Assistant Attorney General, Ken Alex, Assistant Attorney General, Sally Magnani and Susan L. Durbin, Deputy Attorneys General, for the State of California as Amicus Curiae on behalf of Plaintiffs and Appellants.

Best Best & Krieger, Michelle Ouellette, Brian D. Mabee; and Karen K. Nowak, District Counsel, for Defendants and Respondents.


OPINION

RICHLI, Acting P. J.

In 2007, the Mojave Desert Air Quality Management District (the District) adopted "Rule 1406."1 Rule 1406 concerns the use of road paving—which reduces airborne dust—to offset increases in airborne dust as well as other forms of particulate air pollution.

The parties offer strikingly different characterizations of Rule 1406.

According to the District...

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