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DELANEY v. E.P.A.

No. 88-7368.

898 F.2d 687 (1990)

Roberta DELANEY; Gayle Hartmann, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided March 1, 1990.

As Amended April 11, 1990.

Attorney(s) appearing for the Case

David S. Baron, Arizona Center for Law in the Public Interest, Tucson, Ariz., for petitioners.

Alan W. Eckert, Associate General Counsel, U.S. Environmental Protection Agency, Washington, D.C., for respondent.

Before TANG, REINHARDT and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

Residents of Maricopa and Pima counties, Arizona, petition this court to vacate as arbitrary and capricious the Environmental Protection Agency's approvals of the counties' Clean Air Act implementation plans. We have jurisdiction under 42 U.S.C. § 7607(b)(1) (1982). We vacate the EPA's approvals of the plans, and direct the EPA to take further action consistent with this opinion.

BACKGROUND

The Clean Air Act, as amended...

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