Building Industry May Sue Air District Over Aggressive New Pollution Fee Rule

The San Joaquin Valley Air Pollution Control District in December, 2005 approved the Indirect Source Rule, making it the first Air District in the US to regulate land uses, much to the ire of the building industry. Will they take the Air District to court?

1 minute read

January 2, 2006, 11:00 AM PST

By Irvin Dawid


"It's unclear what sort of legal argument the group, which includes a mix of developers, business groups, and some cities and elected officials, will make. A spokesman said a decision would be made within the next two months.

"Air-quality officials regulate stationary sources of pollution such as plants and factories but can't directly control tailpipe emissions, the largest source of dirty air. The new rule places fees on all projects that increase vehicular traffic, such as homes, shopping malls and schools."

"The fees will increase each year for three years, beginning in 2006. They will add $1,772 to the cost of a typical home by 2008 and between $872,000 and $1.3 million to the cost of a typical shopping mall.

The San Joaquin Valley Air Pollution Control District spent two years drafting the rule and is confident it will hold up in court, said Phillip Jay, an attorney for the district."

"Jay said he doubts the fees will hurt developers' profits at the rate housing prices are growing. The price of a new home in the Valley has increased 20 percent to 30 percent per year."

Thanks to Mary Michal Rawling

Tuesday, December 27, 2005 in The Stockton Record

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Wastewater pouring out from a pipe.

Alabama: Trump Terminates Settlements for Black Communities Harmed By Raw Sewage

Trump deemed the landmark civil rights agreement “illegal DEI and environmental justice policy.”

April 13, 2025 - Inside Climate News

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 16, 2025 - Diana Ionescu

Black and white photos of camp made up of small 'earthquake shacks' in Dolores Park in 1906 after the San Francisco earthquake.

The 120 Year Old Tiny Home Villages That Sheltered San Francisco’s Earthquake Refugees

More than a century ago, San Francisco mobilized to house thousands of residents displaced by the 1906 earthquake. Could their strategy offer a model for the present?

April 15, 2025 - Charles F. Bloszies

Ken Jennings stands in front of Snohomish County Community Transit bus.

Ken Jennings Launches Transit Web Series

The Jeopardy champ wants you to ride public transit.

April 20 - Streetsblog USA

Close-up on BLM sign on Continental Divide Trail in Rawlins, Wyoming.

BLM To Rescind Public Lands Rule

The change will downgrade conservation, once again putting federal land at risk for mining and other extractive uses.

April 20 - Public Domain

Calvary Street bridge over freeway in Indianapolis, Indiana.

Indy Neighborhood Group Builds Temporary Multi-Use Path

Community members, aided in part by funding from the city, repurposed a vehicle lane to create a protected bike and pedestrian path for the summer season.

April 20 - Smart Cities Dive