COMMITTEE FOR A BETTER ARVIN v. U.S. E.P.A.

Nos. 11-73924, 12-71332.

786 F.3d 1169 (2015)

COMMITTEE FOR A BETTER ARVIN, a California nonprofit corporation; Comite Residentes Organizados Al Servicio Del Ambiente Sano, an unincorporated association; Association of Irritated Residents, an unincorporated association, Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY; Lisa P. Jackson, Administrator, U.S. Environmental Protection Agency; Jared Blumenfeld, Regional Administrator, Region IX, U.S. Environmental Protection Agency, Respondents, San Joaquin Valley Unified Air Pollution Control District, Respondent-Intervenor. Committee for a Better Arvin, a California nonprofit corporation; Comite Residentes Organizados Al Servicio Del Ambiente Sano, an unincorporated association; Association of Irritated Residents, an unincorporated association, Petitioners, v. U.S. Environmental Protection Agency; Gina McCarthy, Administrator, U.S. Environmental Protection Agency; Jared Blumenfeld, Regional Administrator, Region IX, U.S. Environmental Protection Agency, Respondents, San Joaquin Valley Unified Air Pollution Control District, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed May 20, 2015.


Attorney(s) appearing for the Case

Brent Newell (argued), Sofia L. Parino , Center on Race, Poverty & the Environment, San Francisco, CA; Laura Baker , Center on Race, Poverty & the Environment, Delano, CA, for Petitioners.

Heather E. Gange (argued), Ignacia S. Moreno , Dustin J. Maghamfar , United States Department of Justice, Washington, D.C.; Jeanhee Hong , Jefferson Wehling , United States Environmental Protection Agency, San Francisco, CA; Jan Tierney , Geoffrey L. Wilcox , United States Environmental Protection Agency, Washington, D.C., for Respondents.

Annette A. Ballatore-Williamson (argued), Catherine T. Redmond , San Joaquin Valley Unified Air Pollution Control District, Fresno, CA, for Respondent-Intervenor.

Before: SIDNEY R. THOMAS, Chief Judge, and ALEX KOZINSKI and RONALD M. GOULD, Circuit Judges.


OPINION

Petitioners, a contingent of environmental and community groups, bring serious challenges to the State of California's plans to improve air quality in the San Joaquin Valley, an area with some of the worst air quality in the United States. We must consider...

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