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HARDESTY v. SACRAMENTO METROPOLITAN AIR QUALITY MANAGEMENT DIST.

No. C065784.

202 Cal.App.4th 404 (2011)

JOSEPH HARDESTY et al., Plaintiffs and Appellants, v. SACRAMENTO METROPOLITAN AIR QUALITY MANAGEMENT DISTRICT et al., Defendants and Respondents; CALIFORNIA AIR RESOURCES BOARD, Intervener and Respondent.

Court of Appeals of California, Third District.

December 27, 2011.

Attorney(s) appearing for the Case

Kronick, Moskovitz, Tiedemann & Girard, Scott A. Morris and William T. Chisum for Plaintiffs and Appellants.

Kathrine C. Pittard for Defendants and Respondents Sacramento Metropolitan Air Quality Management District and Larry Greene .

Hanson Bridgett and Kimon Manolius for Defendants and Respondents Sacramento Metropolitan Air Quality Management District Hearing Board and Hearing Board Members.

Kamala D. Harris , Attorney General, Kathleen A. Kenealy , Assistant Attorney General, Sara J. Russell and Deborah L. Barnes , Deputy Attorneys General, for Intervener and Respondent.

OPINION

HOCH, J.—

Joseph and Yvette Hardesty are the owners of Hardesty Sand and Gravel (Hardesty), an open-pit mining operation located near Sloughhouse. The Sacramento Metropolitan Air Quality Management District (District) obtained from its hearing board an abatement order directing Hardesty to cease operation of the central plant equipment and all internal combustion engines...

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