City of Los Angeles v. Great Basin Unified Air Pollution Control Dist. CA3

FACTS AND PROCEEDINGS

Factual Background Under the federal Clean Air Act (42 U.S.C. § 7401 et seq.), the United States Environmental Protection Agency (EPA) is charged with identifying air pollutants and setting National Ambient Air Quality Standards, identifying areas that do not meet those standards, and directing the creation of state implementation plans (implementation plans) to obtain compliance with the standards. (42 U.S.C. § 7410.) The California Air Resources Board (Board) is responsible for meeting air quality standards through 35 air pollution control districts (Health & Saf. Code, § 39500), of which the District is one (id., §§ 40000 et seq.). The District is responsible for requiring air pollution controls from the Owens Lake bed. In 1983, the Legislature enacted section 42316, which authorized the District to require the City to undertake “reasonable measures . . . to mitigate the air quality impacts of its activities in the production, diversion, storage, or conveyance of water and may require the city to pay, on an annual basis, reasonable fees, based on an estimate of the actual costs to the district of its activities associated with the development of the

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