Environmental Defense Fund, Inc. v. California Air Resources Board

*831 Opinion

Environmental Defense Fund, Inc., et al., plaintiffs and appellants, appeal from summary judgment of the San Francisco Superior Court in favor of California Air Resources Board, et al., defendants and respondents.

Question Presented

California Air Resources Board does not have power to regulate the lead content in gasoline sold in California.

Record

Appellants filed in San Francisco Superior Court a complaint for declaratory relief against the California Air Resources Board (“CARB”) and other state officials (hereinafter CARB and the state officials are jointly referred to as “respondents”). The complaint alleges that Environmental Defense Fund, Inc., in conjunction with two other organizations, caused to be filed a petition before CARB requesting CARB to adopt certain regulations. The three requested regulations are for CARB to (1) establish an ambient air quality standard for lead in California of 1.5 micrograms per cubic meter; (2) establish an exhaust emission standard for lead of zero grams per mile to be achieved by 1973; and (3) prohibit the sale of motor fuel containing more than 0.5 grams of lead per gallon commencing January 1, 1972, and the sale of…