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CALIFORNIA DUMP TRUCK OWNERS ASS'N v. NICHOLS

No. 13-15175.

778 F.3d 1119 (2015)

CALIFORNIA DUMP TRUCK OWNERS ASSOCIATION, Plaintiff-Appellant, v. Mary D. NICHOLS, Chairperson of the California Air Resources Board; James Goldstene, Executive Officer of the California Air Resources Board, Defendants-Appellees, Natural Resources Defense Council, Inc., Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 3, 2015.

Attorney(s) appearing for the Case

Patrick J. Whalen , Law Offices of Brooks Ellison, Sacramento, CA, for Plaintiff-Appellant.

Nicholas Stern , Deputy Attorney General for the State of California, Sacramento, CA, for Defendants-Appellees.

Melissa Lin Perrella , David Pettit , and Morgan Wyenn , Natural Resources Defense Council, Santa Monica, CA, for Intervenor-Defendant-Appellee.

Before: JOHN T. NOONAN, Senior Circuit Judge, BARRY G. SILVERMAN, Circuit Judge, and PAUL C. HUCK, Senior District Judge.

OPINION

The California Dump Truck Owners Association (Truck Association) appeals the dismissal of its federal preemption challenge to a California environmental regulation.1 At issue is whether the Environmental Protection Agency's (EPA) approval of the regulation as part of California...

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