Air Quality

Shute, Mihaly & Weinberger LLP represents public entities and community groups in matters involving air quality. The firm regularly works with air quality management districts and has expertise in the federal Clean Air Act and California air pollution control programs.

  • South Coast Air Quality Management District: The firm successfully defended the District in the California Supreme Court in a challenge by the American Coatings Association to a District regulation limiting emissions of volatile organic compounds (VOCs) from paints. (American Coatings Ass’n v. South Coast Air Quality Management Dist., 54 Cal. 4th 446 (2012).)
  • Fleet Rules Litigation: The firm defended SCAQMD’s innovative “Clean Fleet Rules” against a challenge by industry groups from the district court level to the U.S. Supreme Court, and won a final judgment on remand, affirmed by the Ninth Circuit, that upheld the bulk of the rules.
  • Kings County Citizens for a Healthy Environment: The firm successfully challenged the environmental review for a coal-fired cogeneration facility (Kings County Farm Bureau v. City of Hanford, 221 Cal.App.3d 692 (1990)) and negotiated a favorable settlement under which the facility now operates on a mixture of natural gas and a low pollution emitting form of petroleum coke.
  • Monterey Bay Air Pollution Control District: The firm, in association with Prof. Daniel Selmi of Loyola Law School, successfully defended MBAPCD’s rule governing emission of toxic air contaminants before the California Supreme Court (Western Oil & Gas Ass’n v. Monterey Bay Air Pollution Control District, 49 Cal.3d 408 (1989)).
  • Bay Area Air Quality Management District Hearing Board: The firm has served as outside counsel to BAAQMD on permit appeals, variance requests, and other matters related to its mission.