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TRUSTEES FOR ALASKA v. FINK

No. 92-36932.

17 F.3d 1209 (1994)

TRUSTEES FOR ALASKA; Alaska Center for the Environment; Anchorage Audobon Society, Plaintiffs-Appellants, v. Tom FINK, in his capacity as Mayor of the Municipality of Anchorage; and the Municipality of Anchorage, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 1, 1994.

Attorney(s) appearing for the Case

Michael M. Wenig, Eric Smith, Anchorage, Alaska, for the plaintiffs-appellants.

John W. Phillips, Heller Ehrman White & McAuliffe, Anchorage, Alaska, for the defendants-appellees.

Before: WRIGHT, REAVLEY, and LEAVY, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge.

Trustees for Alaska sued Anchorage, arguing that Part D of the 1977 Amendments to the Clean Air Act, 42 U.S.C. §§ 7501-7508, did not allow the municipality to make conditional commitments to Traffic Control Measures in Alaska's State Implementation Plan. We hold that Anchorage could and did condition its commitment to expanding mass transit bus service upon the availability of funding. And we affirm the district court's finding...

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