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OBER v. WHITMAN

No. 98-71158.

243 F.3d 1190 (2001)

Edward M. OBER; Robin D. Silver; David Matusow; Sandra L. Bahr, Petitioners, v. Christine Todd WHITMAN; United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn July 7, 2000.

Resubmitted August 22, 2000.

Filed March 23, 2001.

Attorney(s) appearing for the Case

Jennifer B. Anderson, Arizona Center for Law in the Public Interest, Phoenix, Arizona, for the petitioners.

Karen Egbert, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the respondents.

Before: ROBERT BOOCHEVER, MELVIN BRUNETTI and SIDNEY R. THOMAS, Circuit Judges.

Argued and Submitted April 13, 2000 — San Francisco, California.

Petition denied.

BOOCHEVER, Circuit Judge:

Edward Ober and other residents of Phoenix, Arizona, appeal from the Environmental Protection Agency's adoption of a federal implementation plan for the Phoenix area under the Clean Air Act. Ober claims that the plan violates the Clean Air Act because it fails to adopt controls for sources of airborne particulate pollution that the agency...

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