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Association of Irritated Residents v. San Joaquin Valley Unified Air Pollution Control Dist.

ELR Citation: 38 ELR 20281
Nos. No. F03956, (Cal. App. 5th Dist., 11/19/2008)

A California appellate court ordered a local air pollution district to assess the public health impacts of a rule requiring large confined animal facilities to choose from a variety of mitigation measures with the goal of reducing volatile organic compound (VOC) emissions. The air district adopted the rule pursuant to California Health and Safety Code §40724.6. However, based on the record, it is impossible to know how the acknowledged public health interest of the rule fares when balanced against other competing interests. If costs are going to justify mandating lesser controls instead of tougher ones, the public is entitled to know what the cost of this decision will be to public health. For this reason, the health assessment is inadequate. The district