Association of Irritated Residents v. State Air Resources Bd

In Association of Irritated Residents v. State Air Resources Bd. (2012) 206 Cal.App.4th 1487, the petitioner alleged that the Board's "'Climate Change Scoping Plan'" (which authorized the development of the Cap-and-Trade program) failed to comply with the requirements of the 2006 Act. (206 Cal.App.4th at p. 1489.) The trial court rejected that contention and Division Three of this court affirmed the judgment, holding that the Board did not disregard statutory requirements or act arbitrarily or capriciously. The Irritated Residents court found, among other things, that the directives imposed on the Board by the 2006 Act are all "exceptionally broad and open-ended," leaving "virtually all decisions to the discretion of the Board ... ." (206 Cal.App.4th at p. 1495.)