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Communities for a Better Env't v. South Coast Air Quality Management Dist.

ELR Citation: 38 ELR 20019
Nos. No. B193500, (Cal. App. 2d Dist., 12/18/2007)

A California appellate court held that a regional air quality district abused its discretion under the California Environmental Quality Act in issuing a negative declaration for an ultra low sulfur diesel fuel manufacturing project. The environmental group challenging the project offered substantial evidence supporting its argument that the project's nitrogen dioxide emissions may have a significant effect on the environment. But in all other respects, the air district properly exercised its discretion in concluding that the project would not have a significant adverse environmental impact. The lower court's ruling in favor of the air district, therefore, was reversed and remanded in part.