SIERRA CLUB, Petitioner, Imperial County Air Pollution Control District, Intervenor,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Michael O. Leavitt, Respondents.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued February 10, 2003.
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, Colley 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. Veith, and Craig A. Guthery also were on the brief.
Before: William C. Canby, Jr., Diarmuid F. O'Scannlain, and William A. Fletcher, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
Argued February 10, 2003, San Francisco, California.
ORDER
The opinion filed October 9, 2003 is hereby amended as follows:
Slip. Op. at 15008, lines 10-8 from the bottom: Replace the sentence that currently reads "The best evidence adduced by EPA is the windrose from Calipatria, several miles south of Brawley, which reveals very slight south-southeasterly winds" with the following:"The evidence most supportive of EPA's position...
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