“CEQA-In-Reverse” Case on Remand: First District Holds BAAQMD’s 2010 Air Pollutant Thresholds Not Facially Invalid, But Can’t Be Used For Primarily Intended Purpose

By Miller Starr Regalia : lexology – excerpt

In a published decision filed August 12, 2016, following remand from the California Supreme Court after its landmark “CEQA-in-reverse” decision, the First District Court of Appeal reversed the trial court’s judgment and remanded with directions to issue an order partially granting CBIA’s writ of mandate and to consider CBIA’s requests for declaratory relief and attorneys’ fees. California Building Industry Association v. Bay Area Air Quality Management District (1st Dist., Div. 5, 2016)… Cal.App.4th …, 2016 WL…

The opinion reaches the same general conclusion as the Court of Appeal’s previous opinion in the matter (my blog post on which can be found here) – i.e., that BAAQMD’s 2010 Toxic Air Contaminants (TAC) Thresholds of Significance (i.e., for air pollutants including TACs and PM 2.5) are not facially invalid, because not invalid in all their potential applications. However, following the holding of the Supreme Court’s opinion (my blog post on which can be found here), the Court of Appeal importantly clarifies that the TAC Thresholds “may not be used for the primary purpose envisioned by District, namely, to routinely assess the effect of existing environmental conditions on future users or occupants of a project.”…(more)

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