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WESTERN OIL & GAS ASS'N v. UNITED STATES E.P.A.

Nos. 83-7831, 84-7403.

767 F.2d 603 (1985)

WESTERN OIL AND GAS ASSOCIATION, a nonprofit corporation; Chevron U.S.A. Inc., a corporation; Getty Oil Company, a corporation; Tenneco Oil Company, a corporation; and Union Oil Company of California, a corporation, Petitioners, v. The UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, an agency of the United States; and William D. Ruckelshaus, in his capacity as Administrator of the United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided July 30, 1985.

Attorney(s) appearing for the Case

Michael A. Monahan, McCutchen, Black, Verleger & Shea, Los Angeles, Cal., for petitioners.

David E. Dearing, Dept. of Justice, Washington, D.C., for respondents.

Before DUNIWAY, PREGERSON, and FERGUSON, Circuit Judges.

DUNIWAY, Circuit Judge:

Western Oil and Gas Association (WOGA) petitions for review of an Environmental Protection Agency (EPA) rulemaking establishing a criterion which allows states to consider the location of significant air pollution sources in forming nonattainment area boundaries under the Clean Air Act. WOGA also challenges EPA's application of this criterion in approving several air quality nonattainment designations made by California. We deny the petition...

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