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Perspective

Jan. 4, 2011

Air That Kills

A 9th Circuit decision regarding indirect source review programs may have a very direct effect on local government's ability to regulate clean air. By Brian J. Bergman of Bergman & Dacey.


By Brian J. Bergman


"The residents of the San Joaquin Valley breath 'an air that kills'" due to the existing dangerous levels of particulate matter and ozone pollution in the Valley. Attempting to combat the poor air quality, the San Joaquin Valley Unified Air Pollution Control District promulgated Rule 9510, which regulates emissions from development projects.


The rule applies to various types of development projects, including those ...

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