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VALERO REFINING CO.-CALIFORNIA v. BAY AREA AIR QUALITY MANAGEMENT DIST. HEARING BD.

No. A151004.

49 Cal.App.5th 618 (2020)

VALERO REFINING COMPANY—CALIFORNIA, Plaintiff and Respondent, v. BAY AREA AIR QUALITY MANAGEMENT DISTRICT HEARING BOARD et al., Defendants and Appellants.

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

May 27, 2020.

Attorney(s) appearing for the Case

Brian C. Bunger and Alexander G. Crockett for Defendants and Appellants.

Xavier Becerra , Attorney General, Robert W. Byrne , Assistant Attorney General, Annadel A. Almendras , Connie P. Sung and Ryan R. Hoffman , Deputy Attorneys General, for State Air Resources Board as Amicus Curiae on behalf of Defendants and Appellants.

Bayron Gilchrist , Barbara Baird and Mary J. Reichert for South Coast Air Quality Management District as Amicus Curiae on behalf of Defendants and Appellants.

Pillsbury Winthrop Shaw Pittman, Ronald E. Van Buskirk , John T. Hansen , Michael S. McDonough and Stacey C. Wright for Plaintiff and Respondent.

OPINION

An oil refinery, respondent Valero Refining Company— California (Valero), undertook a costly, three-year construction project both to comply with a consent decree it entered into with the federal government and to upgrade portions of its facility. The project resulted in a significant reduction in air...

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