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Coalition for Reasonable Regulation of Naturally Occurring Substances v. California Air Resources Bd.

ELR Citation: 34 ELR 20108
Nos. No. C041897, (Cal. App. 3d Dist., 10/01/2004)

A California appellate court rejected a mining and construction advocacy group's challenge to a state agency regulation barring the sale and supply of asbestos-containing rock for the surfacing of future unpaved roads. Under the Tanner Act, which identifies and regulates toxic air contaminants by airborne toxic control measures (ATCMs), the agency properly considered a report providing data in support of prohibiting the use of asbestos-containing rock to surface future unpaved roads. The court disagreed with the group's challenge to the report, holding that the report only needed to address those issues relevant to the ATCM that was adopted. Since the ATCM at issue only regulates emissions from rock used to surface or resurface future unpaved roads, the report need not contain data on emissions from existing roads. Thus, the court affirmed the lower court's decision because the undisputed facts showed the need for and appropriateness of the ATCM. Moreover, the report was prepared in a manner consistent with the goals and policies of the California Environmental Quality Act.