Association of Irritated Residents v. C & R Vanderham Dairy

ORDER ON DEFENDANTS’S MOTION TO DISMISS

This is a Clean Air Act (“CAA”) case brought by Plaintiff Association of Irritated Residents (“AIR”) against Defendants C & R Vanderham Dairy, and Rick and Corrie Vanderham (collectively ‘Vander-ham”). AIR alleges that Vanderham violated California’s State Implementation Plan by constructing a stationary source that may emit pollutants without obtaining an Authority to Construct (“ATC”) permit from the San Joaquin Valley Unified Air Pollution Control District (“the District”) and without the attendant pollution limitations required by the implementation plan. Vanderham has filed a Rule 12(b)(1) Motion to Dismiss. For the reasons that follow, the motion will be denied.

FACTUAL BACKGROUND

From the complaint, on August 24, 2004, Vanderham obtained a conditional use permit for a diary from Kern County. The use permit limited the herd to 1,456 milk cows and 1,408 “support stock” (non-laetat-ing or dry cows, heifers, and calves). On July 29, 2005, Vanderham obtained building permits for a milk barn, two freestall barns, and two hay barns at the dairy site. Vanderham began construction on or after July 29, 2005. Vanderham has begun to construct…