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SAFE AIR FOR EVERYONE v. U.S.E.P.A.

No. 05-75269.

475 F.3d 1096 (2007)

SAFE AIR FOR EVERYONE; American Lung Association of Idaho; Noël Sturgeon, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Stephen L. Johnson, Administrator of the United States Environmental Protection Agency; Elin D. Miller, Regional Administrator of the United States Environmental Protection Agency, Region X, Respondents, State of Idaho, Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed January 30, 2007.

Attorney(s) appearing for the Case

David S. Baron, Earthjustice, Washington, D.C., for the petitioners.

Paul Cirino, Environmental Defense Section, U.S. Department of Justice, Washington, D.C., for the respondents.

Lisa J. Kronberg, Deputy Attorney General, Idaho Department of Environmental Quality, Boise, ID, for the intervenor.

Before: ARTHUR L. ALARCÓN, PAMELA ANN RYMER, and MARSHA S. BERZON, Circuit Judges.

BERZON, Circuit Judge:

The Clean Air Act ("CAA" or "the Act"), 42 U.S.C. §§ 7401-7671q, authorizes the creation of air quality standards for a number of pollutants, including particulate matter produced as a byproduct of burning. To implement these standards, the Act establishes a system of State Implementation Plans ("SIPs"), whereby states submit, subject to the United States Environmental Protection Agency's...

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