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Jopson v. Feather River Air Quality Management Dist.

Citation: 33 ELR 20193
No. No. C041927, (Cal. Ct. App., 05/02/2003)

The court holds that a local air quality management district is immune from a rancher's negligence claim against it for miscalculating the amount of marketable pollution credits the ranch earned for reducing agricultural burning. The district mistakenly issued the ranch 470 tons of credits more than it actually earned. The ranch learned of the mistake when the sale of the credits was pending. Disappointed that the sale of the credits had to be reduced, the ranch filed a negligence action against the district. State law, however, grants the government immunity for an injury caused by negligent misrepresentation. Thus, the district is immune from any liability to the ranch arising from the miscalculation.

C. Stephen Davis
Rodi, Pollock, Pettker, Galbraith & Cahill
444 S. Flower St., Ste. 1700, Los Angeles CA 90071
(213) 895-4900

Counsel for Defendant
Richard J. Schneider
Daley & Heft
462 Stevens Ave., Solana Beach CA 92075
(858) 755-5666