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.https://leagle.com/images/logo.png
Argued and Submitted February 12, 2003.
Filed July 17, 2003.
Attorney(s) appearing for the Case
Russell B. Hildreth, Deputy Attorney General, Sacramento, CA, 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, Diamond Bar, CA, Fran M. Layton, Shute, Mihaly & Weinberger L.L.P., San Francisco, CA, for the petitioners-intervenors.
Michael E. Ward, Swindler, Berlin, Shereff, Friedman, L.L.P., Washington, D.C., for the respondents-intervenors.
Eliot Spitzer, Attorney General of the State of New York, Caitlin Halligan, Solicitor General, Peter Lehner, Chief Environmental Protection Bureau, Jared Snyder, Carter H. Strickland, Jr., Assistant Attorneys General, New York State Department of Law, New York, NY, Richard Blumenthal, Attorney General of the State of Connecticut, Judith A. Merrill, Assistant Attorney General, Hartford, CT, G. Steven Rowe, Attorney General of the State of Maine, Gerald D. Reid, Assistant Attorney General, Office of the Attorney General, State House Station #6, Augusta, ME, Tom Reilly, Attorney General of the State of Massachusetts, William L. Pardee, Assistant Attorney General, Boston, Massachusetts, Philip T. McLaughlin, Attorney General of the State of New Hampshire, Maureen D. Smith, Senior Assistant Attorney General, Environmental Protection Bureau, Concord, NH, Attorneys for Amici Curiae States of Connecticut, Maine, Massachusetts, New Hampshire and New York.
Before: CANBY, O'SCANNLAIN, and W. FLETCHER, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
Opinion by Judge CANBY; Opinion concurring in part and dissenting in part by Judge O'SCANNLAIN.
CANBY, Circuit Judge.
California Governor Gray Davis and the California Air Resources Board ("CARB") (collectively "California") petition for review of an order of the United States Environmental Protection Agency ("EPA") denying their request for a waiver of the oxygen level requirement under the federal reformulated gasoline program. The EPA denied the waiver...
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