The California Apartment Association and its coalition partners this week filed a reply brief in support of their motion for summary judgment in a federal lawsuit challenging the South Coast Air Quality Management District’s controversial “zero NOx” appliance rule.
In the June 2 filing, CAA and its fellow plaintiffs reaffirm that Rule 1146.2 is preempted by the federal Energy Policy and Conservation Act (because it effectively bans the use of widely used gas appliances by requiring that they emit zero nitrogen oxides — an impossible standard for any appliance using combustion.
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