Scaqmd

National Paint & Coatings Ass'n v. South Coast Air Quality Management District

Good Law
485 F. Supp. 2d 1153·2007 WL 1390680·2007 U.S. Dist. LEXIS 35204
United States District Court, Central District of CaliforniaMay 7, 2007CV04-02213DDP(SSX)California9,493 words

Opinion

Opinion

Pregerson, J.

ORDER DENYING WRIT OF MANDATE

This matter comes before the Court on petitioner National Paint & Coatings Association, Inc.’s petition for writ of mandate. After reviewing the materials submitted by the parties and hearing the parties’ trial arguments, the Court denies the petition.

I. Background

A. Factual History

The petitioner, National Paint & Coatings Association, Inc. (“NPCA”), alleges that the respondent, South Coast Air Quality Management District (“SCAQMD”), acted outside the scope of its authority in adopting amendments to regulations governing architectural coatings. (Petr.’s Br. 1:3-20.) The petitioner is a national trade association that represents the manufacturers of more than 90% of the architectural coatings sold in the United States. (Id. 1:21-25.) The respondent is the local agency tasked by the California legislature, pursuant to the federal Clean Air Act (“CAA”) and the California Clean Air Act, with regulating air pollution from stationary sources in Orange County and the urban portions of Los Angeles, Riverside, and San Bernardino counties. (Id. 3:12-17.)

As the California Courts have recognized, “the paint industry has extensively litigated attempts by…

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