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National Ass'n of Home Builders v. San Joaquin Valley Unified Air Pollution Control Dist.

ELR Citation: 38 ELR 20253
Nos. No. 07-0820, (E.D. Cal., 09/18/2008)

A district court held that the Clean Air Act (CAA) does not preempt a local air district rule that requires developers to reduce nitrogen oxide and particulate matter emissions from their projects or to pay a fee to offset such emissions. The rule is not a standard subject to CAA §209. It neither limits a vehicle or engine's emissions, requires equipping of pollution control devices, nor requires emissions control designs. Rather, the rule touches on the use and movement of post-sale vehicles and is a proper exercise of the district's power to control emissions. It serves as a local indirect source review program that Congress recognized as necessary to control development to address mobile source emissions associated with such projects.