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DAVIS v. U.S. E.P.A.

No. 01-71356.

348 F.3d 772 (2003)

Gray DAVIS, Governor, of the State of California and the California Air Resources Board, Petitioner, South Coast Air Quality Management District; Chevron U.S.A., Inc.; Western States Petroleum Association, Petitioner-Intervenor, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, National Corn Growers Association; Renewable Fuels Association, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed July 17, 2003.

Amended October 30, 2003.

Attorney(s) appearing for the Case

Russell B. Hildreth, Deputy Attorney General, Sacramento, California, for the petitioner.

Jeffrey Bossert Clark, Deputy Assistant Attorney General, Environment and Natural Resources Division, United States Department of Justice, Washington, DC, for the respondents.

Barbara B. Baird, District Counsel, Jeri G. Voge, Senior Deputy District Counsel, South Coast Air Quality Management District, intervenor in support of petitioners, Diamond Bar, CA, for South Coast Air Quality Management District.

Jeri G. Voge, Fran M. Layton, Shute, Mihaly & Weinberger L.L.P., San Francisco, California, for the petitioners-intervenors.

Michael E. Ward, Swindler, Berlin, Shereff, Friedman, L.L.P., Washington, D.C., for the respondents-intervenors.

Before: William C. CANBY, Jr., Diarmuid F. O'SCANNLAIN, and William A. FLETCHER, Circuit Judges.

Argued and Submitted February 12, 2003 — San Francisco, California.

Opinion by Judge CANBY; Partial Concurrence and Partial Dissent by Judge O'SCANNLAIN.

ORDER AND AMENDED OPINION

ORDER

The opinion filed in this case on July 17, 2003, and reported at 336 F.3d 965, is hereby amended as follows: The final sentence and citation in the section entitled "Standing...

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