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BAYVIEW HUNTERS v. METROPOLITAN TRANSP.

No. 02-17352.

366 F.3d 692 (2004)

BAYVIEW HUNTERS POINT COMMUNITY ADVOCATES; Communities for a Better Environment; Latino Issues Forum; Our Children's Earth Foundation; Sierra Club; Transportation Solutions Defense and Education Fund; Urban Habitat Program; The Tide Center, Plaintiffs-Appellees, v. METROPOLITAN TRANSPORTATION COMMISSION, Defendant-Appellant, and San Francisco Municipal Railway; Alameda-Contra Costa Transit District, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed April 6, 2004.

Amended on Denial of Rehearing and Rehearing June 2, 2004.

Attorney(s) appearing for the Case

David D. Cooke, San Francisco, CA (argued); Francis Chin, Oakland, CA; and Melanie Morgan, Oakland, CA, for the defendant-appellant.

Deborah S. Reames, Oakland, CA (argued); Anne C. Harper, Oakland, CA; Suma Peesapati, Oakland, CA; Alan M. Ramo, San Francisco, CA; Helen H. Kang, San Francisco, CA; and Marc S. Chytilo, Santa Barbara, CA, for the plaintiffs-appellees.

Before: HAWKINS, THOMAS, and CLIFTON, Circuit Judges.

Amended on Denial of Rehearing and Rehearing En Banc June 2, 2004.*

CLIFTON, Circuit Judge:

The Metropolitan Transportation Commission plans, coordinates, and finances regional transportation in the San Francisco Bay Area. Over the past twenty five years, MTC has been one of several government agencies responsible for preparing and implementing programs to attain federal air quality standards in the Bay Area in order to comply...

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