In a recent decision, the Ninth Circuit U.S. Court of Appeals upheld a San Joaquin Valley Unified Air Pollution Control District rule that targets construction emissions generated by mobile sources at new development sites — a rule that might have otherwise been pre-empted. Instead, the Ninth Circuit affirmed SJVAPCD authority to apply more stringent emission reduction requirements during both the construction and operational phases of development projects that propose:
• 50 residential units;
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