EL COMITE PARA EL BIENESTAR DE EARLIMART v. WARMERDAM

Nos. 06-16000, 06-16131.

539 F.3d 1062 (2008)

EL COMITÉ PARA EL BIENESTAR DE EARLIMART, an unincorporated association; Community & Children's Advocates Against Pesticide Poisoning, a California non-profit corporation Wishtoyo Foundation, a California non-profit corporation Ventura Coastkeeper, a California non-profit corporation Association of Irritated Residents, an unincorporated association, Plaintiffs-Appellees, and Air Coalition Team, Intervenor, v. Mary-Ann WARMERDAM, in her official capacity as Director Department of Pesticide Regulation; Linda Adams, in her official capacity as Secretary, CA Environmental Protection Agency; James Goldstene, in his official capacity as Executive Officer, CA Air Resources Board; Mary Nichols, in her official capacity as Chair, CA Air Resources Board; William Burke, in his official capacity as Member, CA Air Resources Board; CA Joseph Calhoun, in his official capacity as Member, CA Air Resources Board; Dorene D'Adamo, in her official capacity as Member, CA Air Resources Board; Mark Desaulnier, in his official capacity as Member, CA Air Resources Board; C. Hugh Friedman, in his official capacity as Member, CA Air Resources Board; Matthew McKinnon, in his official capacity as Member, CA Air Resources Board; Barbara Patrick, in her official capacity as Member, CA Air Resources Board; Barbara Riordan, in her official capacity as Member, CA Air Resources Board; Ron Roberts, in his official capacity as Member, CA Air Resources Board; Robert F. Sawyer, Chair, CA Air Resources Board; William F. Friedman, in his official capacity as Member, CA Air Resources Board, Defendants-Appellants. El Comité Para el Bienestar de Earlimart, an unincorporated association; Community & Children's Advocates Against Pesticide Poisoning, a California non-profit corporation Wishtoyo Foundation, a California non-profit corporation Ventura Coastkeeper, a California non-profit corporation Association of Irritated Residents, an unincorporated association, Plaintiffs-Appellees, Air Coalition Team, Intervenor-Appellant, v. Mary-Ann Warmerdam, in her official capacity as Director Department of Pesticide Regulation; Linda Adams, in her official capacity as Secretary, CA Environmental Protection Agency; James Goldstene, in his official capacity as Executive Officer, Air Resources Board; Mary Nichols, in her official capacity as Chair, CA Air Resources Board; William Burke, in his official capacity as Member, CA Air Resources Board; Joseph Calhoun, in his official capacity as Member, CA Air Resources Board; Dorene D'Adamo, in her official capacity as Member, CA Air Resources Board; Mark Desaulnier, in his official capacity as Member, CA Air Resources Board; C. Hugh Friedman, in his official capacity as Member, CA Air Resources Board; Matthew McKinnon, in his official capacity as Member, CA Air Resources Board; Barbara Patrick, in her official capacity as Member, CA Air Resources Board; Barbara Riordan, in her official capacity as Member, CA Air Resources Board; Ron Roberts, in his official capacity as Member, CA Air Resources Board, Defendants, William F. Friedman, in his official capacity as Member, Air Resources Board, Defendant, and Robert F. Sawyer, Chair, CA Air Resources Board, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 20, 2008.


Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General of the State of California, James Humes, Chief Deputy Attorney General, Tom Greene, Chief Assistant Attorney General, Mary E. Hackenbracht, Senior Assistant Attorney General, John Davidson, Supervising Deputy Attorney General, Michael W. Neville, Deputy Attorney General of California, San Francisco, CA, for the defendants-appellants.

Jan L. Kahn and Rissa A. Stuart, Hanford, CA, for appellant-intervenors.

Brent Newell and Luke W. Cole, Center for Race, Poverty & the Environment, San Francisco, CA, for the plaintiffs-appellees.

Before: DIARMUID F. O'SCANNLAIN, HAWKINS, and M. MARGARET McKEOWN, Circuit Judges.


OPINION

McKEOWN, Circuit Judge:

This case involves a challenge under § 304 of the Clean Air Act ("CAA"), see 42 U.S.C. § 7604(a), known as the citizen suit provision. A coalition of community organizations ("El Comité") brought suit against California state officials ("California") responsible for designing and implementing a state air quality plan. The complicated approval process for the State Implementation Plan ("SIP") required...

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