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Environmental Law
CEQA
Thresholds of Significance

California Building Industry Association v. Bay Area Air Quality Management District

Published: Feb. 11, 2012 | Result Date: Jan. 9, 2012 | Filing Date: Jan. 1, 1900 |

Case number: RG10548693 Bench Decision –  Plaintiff

Court

Alameda Superior


Attorneys

Plaintiff

Michael H. Zischke

Andrew B. Sabey


Defendant

Ellison Folk
(Shute Mihaly & Weinberger)


Facts

The California Building Industry Association challenged the Bay Area Air Quality Management District's (BAAQMD) adoption of new policies for not complying with the California Environmental Quality Act (CEQA). Plaintiff alleged that the District enacted the guidelines without conducting studies on potential environmental effects.

Result

Alameda County Superior Court Judge Frank Roesch agreed with plaintiff and required BAAQMD to rescind the measures and conduct studies on its environmental effects in compliance with CEQA before readopting them. There is not yet a statement of decision or judgment in this case, so the exact remedy is not yet known.


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