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ASSOCIATION OF IRRITATED RESIDENTS v. U.S. E.P.A.

Nos. 04-72650, 04-72736.

423 F.3d 989 (2005)

ASSOCIATION OF IRRITATED RESIDENTS, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Michael Leavitt, in his official capacity as Administrator of the U.S. Environmental Protection Agency, Wayne Nastri, in his official capacity as Regional Administrator for Region IX of the U.S. Environmental Protection Agency, and Deborah Jordan, in her official capacity as Acting Regional Administrator Region IX of the U.S. Environmental Protection Agency, Respondents, San Joaquin Valley Unified Air Pollution Control District; California Air Resources Board, Intervenors-Respondents. Medical Advocates For Healthy Air; Latino Issues Forum; Sierra Club, Petitioners, v. United States Environmental Protection Agency; Michael Leavitt, Administrator, U.S. Environmental Protection Agency and Wayne Nastri, Regional Administrator, Region IX, U.S. Environmental Protection Agency, Respondents, San Joaquin Valley Unified Air Pollution Control District; California Air Resources Board, Intervenors-Respondents.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 2005.

Attorney(s) appearing for the Case

Susan Britton, Earth Justice, Oakland, CA and Brent J. Newell, Center on Race, Poverty & Environment, San Francisco, CA, for the petitioners.

David A. Carson, United States Department of Justice, Denver, Colorado, Philip M. Jay, Fresno, CA, and Gavin G. McCabe, San Francisco, CA, for the respondents.

Before SCHROEDER, Chief Judge, CANBY, Circuit Judge, and DUFFY, Senior Judge.

SCHROEDER, Chief Judge.

This is an expedited review of the Environmental Protection Agency's May 26, 2004 final approval of the San Joaquin Valley's 2003 PM-10 Implementation Plan (Plan). 69 Fed.Reg. 30,006. In approving the Plan, the EPA has set a new deadline for the Valley to attain the national ambient air quality standard for PM-10 pollutants, which are various airborne fine particles of less than ten microns in diameter. The new deadline is 2010.

The...

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