Law Office of Philip M. Jay

Providing nationwide legal representation in environmental and government law matters.

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REPRESENTATIVE LIST OF CASES


Environmental Law CEQA/NEPA Public Law Constitutional Law

ENVIRONMENTAL LAW

Building Industry Association v. District. 178 Cal.App.4th 120 (2009). Successfully defended challenge by statewide building industry to San Joaquin Valley Air Pollution District Rule 9510 which regulates land development. Allegations included illegal tax under Proposition 13; equal protection violations; CEQA preemption claims; lack of nexus claims. Petition for review by Supreme Court denied.

National Association of Homebuilders v. District. 627 F.3d 730 (9th Cir. 2010). Successfully defended federal court challenges to District’s Rule 9510 on grounds that rule constitutes a preempted engine emissions standard under federal Clean Air Act.

Western United Dairymen v. District. Fresno Superior Court. Successfully defended challenge to District’s implementation of California Senate Bill 700 which requires air pollution permitting for large dairy farms and confined animal facilities.

Association of Irritated Residents v. District. 423 F.3d 989 (9th Cir. 2005). Successfully defended challenge to District’s PM10 attainment plan under Federal Clean Air Act.

Latino Issues Forum v. EPA (District Intervenor). 558 F.3d 936 (9th Cir. 2009). Successfully defended Federal Clean Air Act challenge by environmental groups to District Rule 4550 which regulates agricultural operations.

Latino Issues Forum v. EPA (District Intervenor). 9th Circuit Court of Appeals. Successfully defended challenge by environmental groups to EPA finding Valley attained PM10 air quality standard under Federal Clean Air Act.

Association of Irritated Residents v. District. 168 Cal.App.4th 535 (2008). Successfully defended challenge by environmental groups to District rule 4570 which regulates large dairies and confined animal operations.

Latino Issues Forum v. EPA (District Intervenor). 9th Circuit Court of Appeals. Successfully defended challenge to approval of District’s fugitive dust regulation under Federal Clean Air Act.

People v. World Oil. Kern County Superior Court. Air pollution enforcement case dealt with an explosion and death at an oil refinery. Successfully mediated case and obtained $3 million in civil penalties and $2.8 million in facility improvements.

SJVUAPCD v. State of California Air Resources Board. Sacramento Superior Court. Action against CARB to require strengthening of regulations controlling transported air pollution from the San Francisco Bay Area to the San Joaquin Valley.

SJVUAPCD v. State of California Air Resources Board (CARB II). Sacramento Superior Court. Action against Air Resources Board to further mitigate air pollution transported from Bay Area to San Joaquin Valley and to enact enhanced smog check program for vehicles in Bay area.

Citizens for Healthy Environment, Sierra Club, et al. v. Environmental Protection Agency. Federal District Court, Eastern District. Defended Federal Clean Air Act case brought by environmental group to force EPA to promulgate clean air plan for Fresno County, impose construction ban on major sources, and cutoff federal highway funds.

Westlands Water District v. U.S.A. Federal District Court, Eastern District. Intervened in federal case challenging Interior Department decision to cutoff of water deliveries to the San Joaquin Valley which adversely affected air quality.

City of Kingsburg v. County of Fresno. Defended claim by City that County should be required to adopt more stringent air pollution regulations concerning proposed power plants.

Medical Advocates v. EPA (District Intervenor). Federal District Court, Northern District. Defended action by environmental groups to force EPA to adopt Federal Clean Air Act contingency measures in San Joaquin Valley.

Medical Advocates v. EPA (District Intervenor). Federal District Court, Northern District. Defended Federal Clean Air Act case by environmental groups to force EPA to take action on District PM10 plan.

Air Pollution Violation Cases. Obtained civil penalties and facility improvements in several California Clean Air Act enforcement cases. These include $2.2 million from a foam packaging manufacturer; $4.25 million from a major oil refinery; $2.1 million from a major oil producer; $4.45 million from a biomass power plant; several other cases in the $500,000+ range.

Top of The Page Environmental Law CEQA/NEPA Public Law Constitutional Law

CALIFORNIA ENVIRONMENTAL QUALITY ACT
NATIONAL ENVIRONMENTAL POLICY ACT

Association of Irritated Residents v. District. Sacramento Superior Court. Successfully defended CEQA challenge to District’s decision to request change in San Joaquin Valley ozone designation from “severe” to “extreme” under Federal Clean Air Act.

Dunn-Edwards, et al. v. Technical Review Group, et al. Court of Appeals Los Angeles. Successfully defended CEQA and takings challenges by nationwide paint manufacturers to District regulation controlling content of paint and architectural coatings.

Friends of Lower Kings River v. City of Sanger. Fresno Superior Court. Defended CEQA challenge in connection with approval of “biomass to energy” power plant.

City of Mendota v. Hodel. Federal District Court, Eastern District. NEPA challenge to Department of Interior’s decision to close down drainage facilities to farms in western Fresno County due to selenium pollution at Kesterson Reservoir.

San Joaquin River Committee v. County of Fresno(Ball Ranch). Fresno Superior Court. Defended CEQA/General Plan challenge to County approval of major subdivision in San Joaquin River bottom.

Concerned Citizens v. County (Kesterson). Fresno Superior Court. Defended CEQA challenge in connection with County approval of major subdivision.

Responsible Citizens v. Board of Supervisors. Fresno Superior Court. CEQA challenge to County approval of reclamation plan for existing rock, sand, and gravel operation in San Joaquin river bottom.

Top of The Page Environmental Law CEQA/NEPA Public Law Constitutional Law

PUBLIC SECTOR LABOR

Kern County Employees Association v. San Joaquin Valley APCD. Kern Superior Court. Defended lawsuit by labor union claiming failure to bargain in good faith under Meyers Millias Brown Act.

County of Fresno v. California Nurses Association. Fresno Superior Court. Obtained injunction preventing nurses from striking at regional trauma center.

Department of Fair Employment and Housing v. County of Madera. DFEH Accusation. Represented County in sex discrimination trial brought on behalf of jail matrons at county jail.

CONSTITUTIONAL LAW

Sparks v. Board of Supervisors. Fresno Superior Court. Constitutional claim challenged one year durational residency requirement for medically indigent health care.

Madera Community Hospital v. County of Madera. 5th District Court of Appeals. Case challenged eligibility standards for indigent health care.

Rocha v. Board of Supervisors. Fresno Superior Court, Defended class action lawsuit brought by welfare recipients challenging delays in benefits.

Top of The Page Environmental Law CEQA/NEPA Public Law Constitutional Law