POET, LLC v. STATE AIR RESOURCES BD.

No. F064045.

218 Cal.App.4th 681 (2013)

160 Cal. Rptr. 3d 69

POET, LLC, et al., Plaintiffs and Appellants, v. STATE AIR RESOURCES BOARD et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

As modified August 8, 2013.


Attorney(s) appearing for the Case

Wanger Jones Helsley , Timothy Jones , John P. Kinsey and Daren A. Stemwedel for Plaintiffs and Appellants.

Kamala D. Harris , Attorney General, Kathleen A. Kenealy , Assistant Attorney General, Robert W. Byrne , Gavin G. McCabe , Mark W. Poole , David A. Zonana and M. Elaine Meckenstock , Deputy Attorneys General, for Defendants and Respondents.

Kahn, Soares, & Conway, Louis A. Brown and Joshua J. Bettencourt for National Biodiesel Board and California Biodiesel Alliance as Amici Curiae on behalf of Defendants and Respondents.

Shute, Mihaly & Weinberger, Matthew D. Zinn ; Timothy J. O'Connor ; and Matthew Vespa for American Lung Association in California, Coalition for Clean Air, Conservation Law Foundation, Environmental Defense Fund and Sierra Club Environmental Law Program as Amici Curiae on behalf of Defendants and Respondents.

J. Nathan Jensen for Clean Energy as Amicus Curiae on behalf of Defendants and Respondents.

Judi K. Mosley for Pacific Gas and Electric Company as Amicus Curiae on behalf of Defendants and Respondents.


OPINION

FRANSON, J.

INTRODUCTION

As part of developing solutions to global warming, the California Legislature adopted the California Global Warming Solutions Act of 2006 (the Act; Health & Saf. Code, § 38500 et seq.) and established the first comprehensive greenhouse gas regulatory program in the United States. The State Air Resources Board...

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