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American Coatings Ass'n v. South Coast Air Quality District,

ELR Citation: 42 ELR 20139
Nos. S177823, (Cal., 06/25/2012)

The California Supreme Court upheld an air district's technology-forcing rules that limit certain pollution-causing substances in paints and coatings. A paint association argued that the air district failed to show that technology necessary to meet the emissions limits set by the 2002 amendments was "available" within the meaning of the relevant statutes. But the relevant statutes give the district the authority to promulgate pollution standards based on technologies that do not currently exist but are reasonably anticipated to exist by the compliance deadline. In addition, the district sufficiently demonstrated that its challenged emissions limits were achievable in each category and that the categories were reasonably drawn.