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VIGIL v. LEAVITT

No. 02-72424.

366 F.3d 1025 (2004)

Martha VIGIL, Andy Blackledge and Robin Silver, Petitioners, v. Michael O. LEAVITT, Administrator, United States Environmental Protection Agency; Wayne Nastri, Regional Administrator, Region IX; and United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed May 10, 2004.

Attorney(s) appearing for the Case

Joy E. Herr-Cardillo, Arizona Center for Law in the Public Interest, Tucson, AZ, for the petitioners.

Angeline Purdy, Trial Attorney, Environmental Defense Section, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C., and Daniel W. Pinkston, Senior Trial Attorney, Denver, CO, for the respondents.

Richard S. Moskowitz, American Trucking Associations, Inc., Alexandria, VA, for the amicus curiae.

Before: GRABER, WARDLAW, and BYBEE, Circuit Judges.

BYBEE, Circuit Judge:

Martha Vigil, Andy Blackledge and Robin Silver petition for review of a final rule approved by the Environmental Protection Agency (EPA) under the Clean Air Act, 42 U.S.C. §§ 7401-7671q. On July 25, 2002, EPA approved Arizona's serious area state implementation plan for airborne particulate matter in the metropolitan Phoenix (Maricopa County) area and granted Arizona's request for an extension of the statutory attainment deadline from...

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