STATE OF CAL. EX REL. AIR RESOURCES BD. v. U.S. E.P.A.

Nos. 82-7410, 82-7427, 82-7473, 82-7474, 84-7272 to 84-7274.

774 F.2d 1437 (1985)

STATE OF CALIFORNIA, ex rel. State of California AIR RESOURCES BOARD and California Resources Agency; The California Department of Transportation: California Tahoe Regional Planning Agency, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, an agency of the United States, and Anne M. Gorsuch, in her capacity as Administrator, etc., Respondents. Department of Conservation & Natural Resources of the State of Nevada, Respondent-Intervenor. LEAGUE TO SAVE LAKE TAHOE, a nonprofit California Corporation, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, an agency of the United States, and Anne M. Gorsuch, in her capacity as Administrator of the United States Environmental Protection Agency, et al., Respondents. STATE OF NEVADA, ex rel. DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, an agency of the United States; and William H. Ruckelshaus, in his capacity as Administrator of the United States Environmental Protection Agency, Respondents. STATE OF CALIFORNIA, ex rel. John K. VAN De KAMP, in his capacity as State Attorney General, and League To Save Lake Tahoe, a nonprofit California corporation, Petitioners, v. 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. State of Nevada, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Submitted March 12, 1985.

Decided October 28, 1985.


Attorney(s) appearing for the Case

George Deukmejian, Atty. Gen., R.H. Connett, Asst. Atty. Gen., Sacramento, Cal., for petitioners.

Marc B. Milhaly, Fran M. Layton, Shute, Mihaly & Weinberger, San Francisco, Cal., Mark J. Urban, Deputy Atty. Gen., Sacramento, Cal., for League to Save Lake Tahoe.

F. Henry Habicht, II, Asst. Atty. Gen., Jose R. Allen, Lawrence R. Liebesman, Atty., Dept. of Justice, Washington, D.C., for respondents.

Brian McKay, Atty. Gen., George V. Postrozny, Deputy Atty. Gen., Carson City, Nev., Mark V. Stanga, Washington, D.C., for Dept. of Conservation, etc. Intervenor.

Before SCHROEDER, FLETCHER, and CANBY, Circuit Judges.


SCHROEDER, Circuit Judge.

California and Nevada each petition for review of the Environmental Protection Agency's approval of the other's state implementation plan (SIP) for attaining air quality in the Lake Tahoe Basin under the Clean Air Act. 42 U.S.C. §§ 7401-7642 (1982). The League to Save Lake Tahoe also challenges the Nevada Plan.1

The bone of contention which precipitated this feud is the proposed construction...

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