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Environmental & Energy

Feb. 23, 2023

Air Resources Board accused of misusing rule to end suit

The federal rule is more often used in civil rights cases and should not be invoked to seek a more lenient resolution to a lawsuit over air pollution in the San Joaquin Valley, a coalition of environmental groups wrote.

The California Air Resources Board is improperly attempting to invoke a federal rule more often used in civil rights cases to seek a more lenient resolution to a lawsuit over air pollution in the San Joaquin Valley, a coalition of environmental groups wrote Thursday in a brief that urged a federal judge to reject a proposed judgment.

“This court should not accept defendants’ invitation to apply Rule 68, for the first time, to the merits ph...

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