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W.M. Barr & Co. v. South Coast Air Quality Management Dist.

ELR Citation: 42 ELR 20148
Nos. B233892, (Cal. App. 2d Dist., 06/28/2012)

A California appellate court upheld a local air district rule that requires manufacturers of consumer paint thinner and solvent products to limit the use of ozone-forming volatile organic compounds (VOCs) in their products. The district issued to rule to satisfy its federal CAA commitments. A paint manufacturer challenged the rule, arguing that it was preempted by the Federal Hazardous Substances Act (FHSA). But the FHSA does not preempt the rule because the rule's product labeling requirements do not address the same risks. Nor does the rule conflict with state regulations because it was enacted for a different purpose. In addition, the district was not required to consider alternatives or mitigation measures in its environmental assessment of the rule because it reasonably determined that the rule would create no significant impacts on the environment.