U.S. Court Of Appeals Rules 'Sprawl Fee' Lawful

A U.S. Court of Appeals has upheld a 2008 District Court ruling allowing a regional air quality district to manage land use for the improvement of air quality. CA's Central Valley Air Dist. now has a lawful Indirect Source Review or sprawl fee rule.
December 9, 2010, 8am PST | Irvin Dawid
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The 2005 air quality rule addresses new development, charging proportionately for the amount of new vehicle trips that can be expected. Smart growth projects have lower fees than sprawl-oriented ones, hence the term 'sprawl fee'. The California State Supreme Court refused to hear the homebuilder's petition in January.

"This a long-awaited, welcome decision by the court, and I'm hoping that this will be the end of it," said Seyed Sadredin, executive director of the San Joaquin Valley Air Pollution Control District. "We are eager to continue working with valley developers to clean up our air."

It is not known if the National Association of Home Builders will appeal to the U.S. Supreme Court.

Thanks to E&E Publishing - Greenwire

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Published on Tuesday, December 7, 2010 in AP via The Fresno Bee
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