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CAL. EX REL. SACRAMENTO METRO. AIR QUALITY v. U.S.

No. 99-15388.

215 F.3d 1005 (2000)

People of the State of CALIFORNIA, by the SACRAMENTO METROPOLITAN AIR QUALITY MANAGEMENT DISTRICT, Plaintiff-Appellant, v. UNITED STATES of America; Department of Air Force; Sacramento Air Logistics Center; Mcclellan Air Force Base, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 2000.

Attorney(s) appearing for the Case

Kirk E. Trost, Hyde, Miller, Owen & Trost, Sacramento, California, for the plaintiff-appellant.

Kathryn E. Kovacs, United States Department of Justice, Washington, D.C., for the defendants-appellees.

William M. Dillon, Senior Deputy, County of Santa Barbara, Santa Barbara, California; David Schott, District Counsel, Monterey Bay Unified Air Pollution Control District, Monterey, California; Peter Mieras, District Prosecutor, South Coast Air Quality Management District, Diamond Bar, California; Terence G. Dutton, Senior Deputy, San Diego County Air Pollution Control District, San Diego, California; Robert N. Kwong, Bay Area Air Quality Management District, San Francisco, California; Michael W. Neville, Deputy Attorney General, State of California Air Resources Board; Andrew S. Bergman, Assistant Attorney General, Environmental Enforcement Section, Columbus, Ohio, for the amicus.

Before: FLETCHER, ALARCON, and HAWKINS, Circuit Judges.

ALARCON, Circuit Judge:

The People of the State of California by the Sacramento Metropolitan Air Quality Management District (the "Sacramento Air Quality District") appeal from the final order of the district court granting the motion of the Department of the Air Force, Sacramento Air Logistics Center, McClellan Air Force Base (the "United States") for summary judgment, and denying their cross motion for summary judgment. The Sacramento Air Quality District brought...

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