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JENSEN FARMS v. MONTEREY BAY AIR POLLUTION CTRL.

No. 09-16790.

644 F.3d 934 (2011)

JENSEN FAMILY FARMS, INC., a California corporation, Plaintiff-Appellant, v. MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT, Defendant-Appellee, California Air Resources Board, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 27, 2011.

Attorney(s) appearing for the Case

Matthew S. Hale , Newport News, VA; for plaintiff-appellant Jensen Family Farms, Inc.

Charles J. McKee , County Counsel, and Leslie J. Girard , Assistant County Counsel, County of Monterey, Salinas, CA; for defendant-appellee Monterey Bay Unified Air Pollution Control District.

Edmund G. Brown , Attorney General, and Kathleen Kenealy and Gavin G. McCabe , Deputy Attorneys General, San Francisco, CA; for defendant-intervenor-appellee California Air Resources Board.

Before: RICHARD A. PAEZ and CARLOS T. BEA, Circuit Judges, and KEVIN THOMAS DUFFY, District Judge.

OPINION

PAEZ, Circuit Judge:

In 2007, the Monterey Bay Unified Air Pollution Control District (District) adopted and began enforcing rules that regulate diesel-powered engines. In particular, the District's regulatory regime: (1) requires owners and operators to register and pay fees for certain diesel engines used in agricultural operations, and (2) sets emissions standards for stationary diesel engines within the District. The principal question in this...

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