Association of Irritated Residents v. San Joaquin Valley Unified Air Pollution Control District

In this opinion, we hold that rule 4570, promulgated by the San Joaquin Valley Unified Air Pollution Control District (district), as mandated by Health and Safety Code section 40724.6, was adopted without conducting an adequate assessment of its impact on public health. We also conclude that section 40724.6 is intended to address the district’s failure to meet federal and state ambient air quality standards for ozone and does not regulate ammonia emissions produced by large confined animal facilities. Finally, we determine that the district’s findings were not arbitrary and capricious.

PROCEDURAL AND FACTUAL SUMMARIES

This appeal is from the denial of a writ of mandate sought by petitioner Association of Irritated Residents (association) to compel the district to comply with section 40724.6. Section 40724.6 initially was passed in 2003 as part of Senate Bill No. 700 (2003-2004 Reg. Sess.) (Sen. Bill 700). (Stats. 2003, ch. 479, § 6.) The statute mandates that those state air pollution control districts designated federal nonattainment areas for ozone, as of January 1, 2004, adopt and implement a rule requiring confined animal facilities (facilities) to reduce emissions…