Clean Air Laws
In 1970, the landmark federal Clean Air Act passed, but California was ahead of the federal government in passing the Mulford-Carrell Act in 1967, which represented the first State law that comprehensively addressed air quality impacts, with the creation of the California Air Resources Board and local air districts.
Jan Chatten-Brown advised an air pollution control district (now the South Coast Air Quality Management District) in the early 1970’s, and subsequently served as a Board member and the President of the Coalition for Clean Air, a statewide organization that has focused on air pollution control since the early 1970’s, and thus has a long history with air pollution laws.
Since their passage, the federal and State laws have evolved, most dramatically through the federal 1990 Clean Air Act Amendments and the State’s AB 32, which addresses climate change. However, the essence of those laws remain the same – an effort to control both stationary and mobile emissions, and with the passage of AB 32, focusing attention on climate change. Though Chatten-Brown and Carstens (CBC) has not yet litigated in federal court under the Clean Air Act, compliance with air quality laws is part of CBC’s review of various developments, and can provide the legal basis for opposition to such projects. Air pollution can also be challenged as a public nuisance.
Jan Chatten-Brown advised an air pollution control district (now the South Coast Air Quality Management District) in the early 1970’s, and subsequently served as a Board member and the President of the Coalition for Clean Air, a statewide organization that has focused on air pollution control since the early 1970’s, and thus has a long history with air pollution laws.
Since their passage, the federal and State laws have evolved, most dramatically through the federal 1990 Clean Air Act Amendments and the State’s AB 32, which addresses climate change. However, the essence of those laws remain the same – an effort to control both stationary and mobile emissions, and with the passage of AB 32, focusing attention on climate change. Though Chatten-Brown and Carstens (CBC) has not yet litigated in federal court under the Clean Air Act, compliance with air quality laws is part of CBC’s review of various developments, and can provide the legal basis for opposition to such projects. Air pollution can also be challenged as a public nuisance.
