Judge Prepared to Tell AQMD to Adopt Tough Pollution Rules

A federal judge issued a tentative ruling Friday requiring the South Coast Air Quality Management District to adopt 31 tough anti-pollution measures that the agency had balked at putting into effect.

Acting on a lawsuit by the Coalition for Clean Air and other environmental groups, U.S. District Judge Harry L. Hupp rejected the AQMD’s reasons for resisting implementation of more aggressive measures to combat air pollution in the region.

The AQMD contends that many of the measures are unfeasible and outdated and would cause severe economic dislocations, but Hupp said he had no authority under the law to consider those factors.

The only agency that can modify the plan, he wrote in a 14-page opinion, is the federal Environmental Protection Agency.

His proposed ruling includes specific timetables for compliance by a range of businesses. Most firms would be required to start within the next few years.

In fixing the dates, Hupp said he tried to take into account the practical difficulties cited by the AQMD, but he criticized the agency for proposing an unrealistic late implementation date of 2010 for most of the categories.

Hupp said he would issue a final ruling after giving both sides a chance to submit written comments on his opinion.

“This is a very positive development for clean air in California,” said Tim Carmichael of the Coalition for Clean Air.

The AQMD said it would have no comment until its lawyers had a chance to study the judge’s ruling.