The Third Appellate District affirmed an order. The court held that a substantial-evidence standard was properly used to review factual determinations by an air-quality-management district with respect to an open-pit mine operation that did not have a fundamental, vested right to emit air pollution without a district permit.
Joseph and Yvette Hardesty owned Hardesty Sand and Gravel (collectively, Hardesty), an open-pit mining operation. The Sacramento Metropolitan Air Quality Management District (SMAQ) obtained from its hearing board an abatement order directing Hardesty to cease operation of the central plant equipment and all internal-combustion engines with a rating greater than 50 horsepower until Hardesty obtained a permit from the SMAQ.
