Supreme Court Rebuffs Natl. Assoc. of Home Builders

The U.S. Supreme Court turned down a request by the National Association of Home Builders to hear their lawsuit against the San Joaquin Valley Air Pollution Control District's use of the 'indirect source rule', better known as a 'smog fee'.

1 minute read

October 5, 2011, 2:00 PM PDT

By Irvin Dawid


The ruling by the court has tremendous implications for air districts as they view land uses as sources of air pollution. Sprawling, auto-dependent developments may be forced to pay "indirect source fees" to the regulators because of trips generated.

The Home Builders had already lost at the U.S. District and Appeals court levels.

"The news... hands a victory to air pollution regulators and environmental groups. It also means that Bay Area air regulators, who had been watching the case with interest, are likely to adopt a similar rule in the next few years.

"Developers have been able to largely avoid the same regulations that apply to a smokestack," said Paul Cort, an (Earthjustice) attorney who represented the Sierra Club and Environmental Defense Fund in the case. "But these projects do create pollution by adding to the vehicle miles traveled."

"The decisions (developers) make on where to build and how to build do make a difference," said Cort. "Smarter development means reduced air pollution. This creates an incentive to promote infill development, to build next to existing mass transit, and to build more pedestrian friendly projects."

Thanks to Gita Dev

Tuesday, October 4, 2011 in Mercury News

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

Cover CM Credits, Earn Certificates, Push Your Career Forward

Aerial view of town of Wailuku in Maui, Hawaii with mountains in background against cloudy sunset sky.

Maui's Vacation Rental Debate Turns Ugly

Verbal attacks, misinformation campaigns and fistfights plague a high-stakes debate to convert thousands of vacation rentals into long-term housing.

July 1, 2025 - Honolulu Civil Beat

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.

July 2, 2025 - Diana Ionescu

White and purple sign for Slow Street in San Francisco, California with people crossing crosswalk.

San Francisco Suspends Traffic Calming Amidst Record Deaths

Citing “a challenging fiscal landscape,” the city will cease the program on the heels of 42 traffic deaths, including 24 pedestrians.

July 1, 2025 - KQED

Google street view of red brick multi-story power plant building in Pittsburgh, PA.

Defunct Pittsburgh Power Plant to Become Residential Tower

A decommissioned steam heat plant will be redeveloped into almost 100 affordable housing units.

July 4 - Pittsburgh Post-Gazette

Cyclist on protected bike lane in middle of street in Washington D.C. with Washington Monument obelisk visible in background.

Trump Prompts Restructuring of Transportation Research Board in “Unprecedented Overreach”

The TRB has eliminated more than half of its committees including those focused on climate, equity, and cities.

July 4 - Streetsblog USA

Blue and silver Amtrak train at small station.

Amtrak Rolls Out New Orleans to Alabama “Mardi Gras” Train

The new service will operate morning and evening departures between Mobile and New Orleans.

July 3 - New Orleans City Business