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

No. 05-75269.

488 F.3d 1088 (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.

Amended May 29, 2007.

Attorney(s) appearing for the Case

David S. Baron, Earthjustice, Washington, DC, for the petitioners.

Paul Cirino, Environmental Defense Section, U.S. Department of Justice, Washington, DC, 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.

ORDER

Petitioners' Petition for Clarification is GRANTED. The opinion filed on January 30, 2007 and reported at 475 F.3d 1096 is hereby amended as follows:

1) On 475 F.3d at 1099, the sentence beginning "Because our review . . ." is replaced with: "Because our review of an administrative agency's decision begins and ends with the reasoning that the agency relied upon in making that decision, see SEC v. Chenery Corp.,...

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