State of ARIZONA, EX REL. Henry R. DARWIN, Director, Arizona Department of Environmental Quality, Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY; Scott Pruitt, Administrator, United States Environmental Protection Agency, Respondents.
CalPortland Company, Petitioner,
v.
U.S. Environmental Protection Agency, Respondent.
Phoenix Cement Company, an enterprise division of the Salt River Pima-Maricopa Indian Community, Petitioner,
v.
U.S. Environmental Protection Agency, Respondent.
ASARCO LLC, Petitioner,
v.
U.S. Environmental Protection Agency, Respondent.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted June 21, 2016, San Francisco, California.
Filed April 3, 2017.
Attorney(s) appearing for the Case
Carroll McGuffey III (argued) and Justin Wong , Troutman Sanders LLP, Atlanta, Georgia; Paul L. Gale , Troutman Sanders LLP, Irvine, California; Peter S. Glaser , Troutman Sanders LLP, Washington, D.C.; James T. Skardon , Assistant Attorney General, Environmental Enforcement Section; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Petitioner State of Arizona.
Samara M. Spence (argued), Trial Attorney; John C. Cruden , Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Matthew C. Marks and M. Lea Anderson , EPA Office of General Counsel, Washington, D.C.; Charlotte Withey , EPA Office of Regional Counsel, Region IX, San Francisco, California; for Respondents.
Before: Marsha S. Berzon, Jay S. Bybee, and John B. Owens, Circuit Judges.
OPINION
BYBEE, Circuit Judge:
In the late 1970s, Congress declared it a "national goal" to improve air visibility in federal parks and forests. 42 U.S.C. § 7491(a)(1); see also 40 C.F.R. § 81.400 et seq. (listing all national parks, national monuments, and wilderness areas Congress sought to protect). To achieve...
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