Best Energy Solutions etc. v. State Air Resources Bd. CA5

FACTS

In December 2014, ARB released documents to the public that included “newly proposed regulations addressing alternative diesel fuels.” (POET, LLC v. State Air Resources Bd. (2017) 12 Cal.App.5th 52, 66.) The alternative diesel fuels regulations (ADF Regulation or ADF Reg.) are set forth in sections 2293 through 2293.9 and appendix 1 of subarticle 2, “In-use Requirements for Pollutant Emissions Control,” of title 13 to the California Code of Regulations. (POET, LLC, at p. 66, fn. 11.) The ADF Regulation’s “purpose is ‘to establish a comprehensive, multi-stage process governing the commercialization of alternative diesel fuels (ADF) in California.’ ” (Ibid.) In POET, LLC, this court concluded that the ADF Regulation was not tainted by ARB’s violation of the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.) in connection with its 2015 adoption of a low carbon fuel standards regulation. (POET, LLC, supra, at p. 93.)

A “SLAPP” is a strategic lawsuit against public participation and a special motion to strike under section 425.16 is referred to as an anti-SLAPP motion. (Bonni v. St. Joseph Health System (2021) 11 Cal.5th 995, 1007, fn. 1…