Posted on 02/22/2008 3:59:01 PM PST by NormsRevenge
FRESNO
A Fresno County Superior Court has ruled that the San Joaquin Valley Air Pollution Control District's regulation of developers for air-quality impacts is legal and valid.
The lawsuit challenging the District's rule establishing development fees for air-pollution mitigation was filed by the California Building Industry Association.
The lawsuit claimed that the District had no authority to regulate development and impose fees, and amounted to a tax under Proposition 13.
The court disagreed Thursday in its ruling.
The Valley Air District was the first in the state to put such a rule into place. other areas are now looking to it as a model for their own potential regulation.
Rule 9510 holds developers accountable for air-quality impacts that result from building activity.
The Air Quality District was established solely to regulate stationary sources of pollution; generators, power plants, etc....
They inflicted all the economic damage they could here without reducing pollution one iota.
As the major sources of pollution are mobile (cars) the district started scheming to regulate things outside of it's mandate.
Imposing fees on new homes because of the traffic generated is clearly not within the bounds of their mandate but this freak judge just gave them he greenlight to do so.
Case will go to the CA Supreme Court, if necessary. I doubt the ruling will stand. Just another Superior Court nut-case judge.
The article says, “that result from building activity”.
Every time I drive past that building on Ashlan I look at the dozens of cars parked outside and wonder what the heck they all do in there. Cook up this crap, I guess. More funding of the left from taxpayer money. Arrrggh!
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