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SIERRA CLUB v. U.S. E.P.A.

No. 01-71902.

346 F.3d 955 (2003)

SIERRA CLUB, Petitioner, Imperial County Air Pollution Control District, Intervenor, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Gale Norton, Respondents.

United States Court of Appeals, Ninth Circuit.

Submission Deferred February 10, 2003.

Resubmitted October 9, 2003

Filed October 9, 2003.

Amended December 18, 2003.

Attorney(s) appearing for the Case

David S. Baron, Earthjustice Legal Defense Fund, Washington, D.C., argued the cause for petitioner Sierra Club and submitted briefs.

Thomas H. Pacheco, United States Department of Justice, San Francisco, California, argued the cause for respondent Environmental Protection Agency and submitted briefs. Thomas L. Sansonetti, Assistant Attorney General, Jan Taradash, Associate Regional Counsel, Environmental Protection Agency, and Geoffrey Wilcox also were on the briefs.

Rick R. Rothman, McCutheon, Doyle, Brown & Enersen, LLP, Los Angeles, California, argued the cause for intervenor Imperial County Air Pollution Control District and submitted briefs. William H. Freedman and Michael S. McDonough also were on the briefs.

Michael S. Rhodes, Cooley Godward LLP, San Diego, California, filed a brief on behalf of amicus curiae American Lung Association of San Diego and Imperial Counties. Andrea S. Hoffman, Robert R. Vieth, and Craig A. Guthery also were on the brief.

Before: WILLIAM C. CANBY, JR., DIARMUID F. O'SCANNLAIN, and WILLIAM A. FLETCHER, Circuit Judges.

Argued February 10, 2003. San Francisco, California

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether the U.S. Environmental Protection Agency lawfully concluded that a Southern California county would have achieved the 24-hour air quality standards required by the Clean Air Act but for the negative effects of transborder emissions from Mexico.

I

Imperial County encompasses approximately 4,600 square miles in Southeastern...

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