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Southern California Gas Co. v. South Coast Air Quality Management District

ELR Citation: 41 ELR 20329
Nos. B226105, (Cal. App. 2d Dist., 10/27/2011)

A California appellate court affirmed a lower court decision denying a natural gas company's petition challenging an air district rule requiring the company to monitor, record, and report changes in the quality of natural gas and air pollutant levels. The district acted reasonably in finding that gas derived from liquefied natural gas owned by the company or shipped in its pipelines is a source of polluting emissions within the meaning of California Health and Safety Code §41511. Natural gas derived from liquefied natural gas produces significantly higher hydrocarbon levels, and there is widespread governmental and industry recognition that the use of liquefied natural gas will lead to increased nitrogen oxides emissions. Thus, the evidence demonstrates that gas derived from liquefied natural gas is the source of increased pollution that will have a harmful effect on the district's ambient air quality. Accordingly, the district acted reasonably in issuing the rule.