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CITY OF SAN DIEGO v. WHITMAN

No. 00-56561.

242 F.3d 1097 (2001)

CITY OF SAN DIEGO, a California municipal corporation, Plaintiff-Appellee, v. Christine Todd WHITMAN, an individual in her capacity as Administrator of the United States Environmental Protection Agency; UNITED STATES Environmental Protection Agency, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 13, 2001.

Attorney(s) appearing for the Case

Martin F. McDermott, United States Department of Justice, Washington, D.C., for the defendants-appellants.

John R. Reese, McCutchen, Doyle, Brown & Enersen, Los Angeles, California, for the plaintiff-appellee.

Before: Harry PREGERSON, William C. CANBY, Jr., and David R. THOMPSON, Circuit Judges.

Argued and Submitted February 8, 2001 — Pasadena, California.

DAVID R. THOMPSON, Circuit Judge:

The United States Environmental Protection Agency ("EPA") appeals the district court's entry of a preliminary injunction in an action brought by the City of San Diego seeking judicial review, under the Administrative Procedure Act ("APA"), 5 U.S.C. § 704, of a letter written by the EPA. The EPA's letter stated that it would apply the provisions of the...

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