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PACIFIC MERCHANT SHIPPING ASS'N v. GOLDSTENE

No. 07-16695.

517 F.3d 1108 (2008)

PACIFIC MERCHANT SHIPPING ASSOCIATION, a California Mutual Benefit Corporation, Plaintiff-Appellee, v. James GOLDSTENE, Executive Officer of the California Air Resources Board, Defendant-Appellant, Coalition For Clean Air, Inc.; Natural Resources Defense Council, Inc.; South Coast Air Quality Management District; City of Long Beach, Defendant-Intervenors-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 27, 2008.

Attorney(s) appearing for the Case

Nicholas Stern, Deputy Attorney General of the State of California, Sacramento, CA, for the defendant-appellant.

Barbara Baird, District Counsel, Diamond Bar, California; David Pettit, Natural Resources Defense Council, Santa Monica, CA; Jay M. Spillane, Spillane Shaeffer Aronoff Bandlow LLP, Los Angeles, CA; Dominic T. Holzhaus, Principal Deputy City Attorney for City of Long Beach, Long Beach, CA, for the intervenors-appellants.

Erich P. Wise, Flynn, Delich & Wise LLP, Long Beach, CA, for the plaintiff-appellee.

Janice K. Raburn, American Petroleum Institute, Washington, DC; Kevin M. Fong, Pillsbury Winthrop Shaw Pittman LLP, San Francisco, CA, for the amicus.

Before: BARRY G. SILVERMAN, M. MARGARET McKEOWN, and RICHARD C. TALLMAN, Circuit Judges.

OPINION

SILVERMAN, Circuit Judge:

On January 1, 2007, the California Air Resources Board began enforcing state regulations, the "Marine Vessel Rules," limiting emissions from the auxiliary diesel engines of ocean-going vessels within twenty-four miles of California's coast. The Pacific Merchant Shipping Association, a group of companies that own or operate ocean-going vessels subject to the Marine Vessel Rules...

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