Court of Appeal Affirms Air Quality Management District Authority to Determine Valid Registration Under Portable Equipment Registration Program

摘要

On December 27, 2011, in Hardesty v. Sacramento Metropolitan Air Quality Management District, 136 Cal. Rptr. 3d 132 (Cal. Ct. App. 2011), the Third District Court of Appeal clarified the need for permits issued by air quality districts for portable equipment that could also qualify for an exemption under California's Portable Equipment Registration Program (PERP). The decision affirmed the Sacramento County Superior Court's decision denying an open-pit mining operator's petition for writ of mandate. The operator had sought an order that would have directed the Sacramento Metropolitan Air Quality Management District (District) to cease enforcement of an abatement order requiring the mining operator to cease operation of certain equipment until obtaining a permit.