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

Lake Powell with much of the water evaporated.

Desperate measures: Advocates weigh draining Lake Powell to fill Colorado River

Draining the reservoir could reduce evaporation losses by a couple hundred thousand acre-feet.

October 30, 2026 - Yale Environment 360

A road in north eastern Nebraska with power lines on either side, and grassy fields.

Eastern Nebraska is running out of electricity

Data centers and electrification are straining eastern Nebraska’s grid, throttling economic development.

November 6, 2026 - Grist

People walking in downtown St. Louis, walking past shops.

Move over, LA: St. Louis gears up for Olympics, invests millions in downtown redevelopment

The Missouri city will host the 2028 Olympic soccer group stage and knockout matches.

November 1, 2026 - Smart Cities Dive

construction near Boston, with machinery digging at large pit.

Mass. votes against statewide minimum lot size for single-family homes

Over 2 million residents voted on Question 7; it was decided by just over 30,000 votes.

November 10 - GBH

A bridge over the Chesapeake Bay in Maryland.

Maryland’s $15 billion bridge project gains key approval

The Maryland Transit Authority said the project will create over 60,000 jobs and add $23 billion to the local economy.

November 10 - WTOP News

A crowd of people cheering for an unseen performer.

‘No clear next steps’ for Chicago's permanent festival grounds

Eleventh Ward Ald. Nicole Lee has suggested Soldier Field as a possible location for the permanent event space.

November 10 - Chicago Sun Times

FREE Course: Walkable City 1: Why Walkability?

After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.

Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold

The course focuses on the opportunities and imperatives that shape reinvention of mall sites.