Takhar

This appeal challenges the trial court's denial of a special motion to strike pursuant to Code of Civil Procedure section 425.16, the anti-SLAPP statute, 1 directed at a cross-complaint asserting causes of action arising from a civil enforcement action brought by Feather River Air Quality Management District against Harmun Takhar for multiple violations of state and local air pollution laws. 2 We reverse. Takhar has not demonstrated he qualifies for an exemption to the anti-SLAPP statute. The causes of action alleged in Takhar's cross-complaint arise from protected petitioning activity and he has not established a probability of prevailing on the merits of these claims. We shall therefore remand the matter to the trial court with directions to grant the anti-SLAPP motion and dismiss the cross-complaint.

BACKGROUND

Regulatory Overview

We begin with a brief overview of California's air quality regulatory scheme in order to place the facts of this case in their proper context.

California has divided responsibility for control of air pollution between the California Air Resources Board and 35 local and regional air quality management districts. One of these districts is the…