Best Energy Solutions etc. v. State Air Resources
Plaintiff Best Energy Solutions & Technology Corp. (Best Energy) filed a complaint against the State Air Resources Board (ARB) seeking a declaratory judgment stating it had complied with California’s alternative diesel fuel regulation in obtaining certification of a biodiesel additive called BC-EC1c. ARB responded by filing an anti-SLAPP motion pursuant to Code of Civil Procedure section 425.16. ARB contends the declaratory relief action arose from protected activity and Best Energy failed to establish a reasonable probability it would prevail on its claim.
The trial court denied the motion. Based on our independent review of the record, we agree with the trial court and conclude Best Energy’s declaratory relief action did not arise from activity “in furtherance of [ARB’s] right of petition or free speech.” (§ 425.16, subd. (b)(1).)
We therefore affirm the order.
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