COALITION FOR CLEAN AIR v. SOUTHERN CAL. EDISON

Nos. 91-55383, 91-55386 and 91-55634.

971 F.2d 219 (1992)

COALITION FOR CLEAN AIR; Sierra Club, Inc., Plaintiffs-Appellants, v. United States Environmental Protection Agency, Defendant-Appellee, and South Coast Air Quality Management District, Defendant-Intervenor, v. SOUTHERN CALIFORNIA EDISON COMPANY; Southern California Gas Company; Southern California Association of Governments, Plaintiff-Intervenors. COALITION FOR CLEAN AIR; Sierra Club, Inc., Plaintiffs-Appellees, Southern California Edison Company; Southern California Gas Company; Southern California Association of Governments, Plaintiff-Intervenors-Appellees, v. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT, Defendant-Intervenor-Appellant, United States Environmental Protection Agency, et al., Defendants. COALITION FOR CLEAN AIR; Sierra Club, Inc., Plaintiffs-Appellants, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Defendant-Appellee, v. SOUTHERN CALIFORNIA EDISON COMPANY, Plaintiff-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 1, 1992.


Attorney(s) appearing for the Case

Alan Waltner, Gorman & Waltner, Oakland, Cal., for plaintiffs-appellants-appellees.

Colin Lennard, Morrison & Foerster, Los Angeles, Cal., for plaintiffs-intervenors-appellants-appellees.

Karen L. Egbert, U.S. Dept. of Justice, Washington, D.C., for defendant-appellee-appellant.

Peter M. Greenwald, Dist. Counsel, Diamond Bar, Cal., for defendant-intervenor-appellant.

Joseph J. Brecher, Oakland, Cal., Michael D. Rowe, Environment and Natural Resources Div., Washington, D.C., Mary L. Grad, Asst. U.S. Atty., Sacramento, Cal., for amici curiae.

Before GOODWIN, NORRIS and NOONAN, Jr., Circuit Judges.


WILLIAM A. NORRIS, Circuit Judge:

California's South Coast Air Basin has the dirtiest air in the United States.1 Twenty-two years have passed since Congress first enacted legislation requiring implementation plans to attain national air quality standards, and yet today the South Coast still lacks implementation plans for ozone and carbon monoxide. In 1989, EPA entered into a settlement agreement with appellants requiring it to perform...

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