Hart

Plaintiff and appellant California Air Resources Board (the Board) appeals the judgment of dismissal entered in favor of defendant and respondent Lawrence T. Hart, individually and doing business as' Bellflower Harley-Davidson (Hart), on the ground the Board is without standing to sue in this matter.

Because Health and Safety Code sections 7 and 43154, subdivision (b), construed in light of Government Code section 11040, permit the Attorney General to delegate in writing to the Board’s legal counsel the power to prosecute the instant civil action against Hart, the judgment is reversed.

Factual and Procedural Background

On March 28, 1991, the Board filed a complaint for civil penalties against Hart for violations of the Health and Safety Code. The complaint alleged the Board is “an agency of the State of California charged with protecting air quality in California, administering California’s air pollution control laws and regulations, and enforcing the State’s laws for the control of air pollution emissions from motor vedicles in California.”

The complaint further alleged Hart, between July 12, 1987, and August 16, 1988, had sold 15 new motorcycles or engines which the…