SCAQMD
Natural Resources Defense Council, Inc. v. South Coast Air Quality Management District
Opinion
Opinion
George, J.
DECISION ON DEFENDANTS’ MOTION TO DISMISS UNDER F.R.C.P 12(b)(1) and (6)
I. INTRODUCTION
This case is a citizen suit under Section 304 of the Clean Air Act (sometimes referenced herein as the “Act”), 42 U.S.C. § 7604 , brought by the Natural Resources Defense Council, Communities for a Better Environment, Coalition for a Safe Environment, and Desert Citizens Against Pollution (collectively “Plaintiffs”) against the South Coast Air Quality Management District, its Governing Board and Executive Officer (collectively “Defendants”). The case involves the “offset” requirements of Defendants’ “new source review” program required by Section 174 of the Act ( 42 U.S.C. § 7503 (c)) for “nonattainment” regions. Under that program, before Defendants may allow construction of certain types of new and/or modified sources of air pollution, they must ensure that any emissions increases are offset by corresponding emissions reductions. Plaintiffs have challenged the validity of certain “internal” offsets (such as “priority reserve allocations”) which Defendant South Coast Air Quality Management District (“SCAQMD”) periodically utilizes and holds in an “internal bank.”