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ALLIANCE FOR CALIFORNIA BUSINESS v. STATE AIR RESOURCES BD.

Nos. C082828, C083083.

23 Cal.App.5th 1050 (2018)

ALLIANCE FOR CALIFORNIA BUSINESS, Plaintiff and Appellant, v. STATE AIR RESOURCES BOARD, Defendant and Respondent. JACK CODY, Plaintiff and Appellant, v. STATE AIR RESOURCES BOARD et al., Defendants and Respondents.

Court of Appeals of California, Third District.

May 29, 2018.

Attorney(s) appearing for the Case

Cannata, O'Toole, Fickes & Almazan, Therese Y. Cannata , Mark P. Fickes and Zachary Colbeth for Plaintiff and Appellant Alliance for California Business.

The Cullen Law Firm, Daniel E. Cohen , Noah M. Rich ; Brian Leighton Law Offices and Brian Leighton for Plaintiff and Appellant Jack Cody.

Xavier Becerra , Attorney General, Robert W. Byrne , Assistant Attorney General, Russell B. Hildreth and Nicholas Stern , Deputy Attorneys General, for Defendants and Respondents State Air Resources Board.

Xavier Becerra , Attorney General, Robert W. Byrne , Assistant Attorney General, Randy L. Barrow , Linda Gandara , Courtney S. Covington and Carolyn Nelson Rowan , Deputy Attorneys General, for Defendant and Respondent State Air Resources Board.

OPINION

We consolidated these cases to address a novel question regarding jurisdiction under the unique and complex cooperative federalism scheme of the federal Clean Air Act (42 U.S.C. § 7401 et seq.) (Act). The Act authorizes the United States Environmental Protection Agency (Agency) to promulgate national primary...

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