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ASS'N OF AMERICAN RAILROADS v. SOUTH COAST AIR

No. 07-55804.

622 F.3d 1094 (2010)

ASSOCIATION OF AMERICAN RAILROADS; BNSF Railway Company; and Union Pacific Railroad Company, Plaintiffs-Appellees, v. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT; and The Governing Board of South Coast Air Quality Management District, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 15, 2010.

Attorney(s) appearing for the Case

Daniel P. Selmi , Los Angeles, CA; and Elena K. Saxonhouse and Gabriel M.B. Ross , Shute, Mihaly & Weinberger LLP, San Francisco, CA, for the defendants-appellants.

Kevin M. Fong , Pillsbury Winthrop Shaw Pittman LLP, San Francisco, CA; and Robert M. Jenkins III , Mayer Brown LLP, Washington, D.C., for the plaintiffs-appellees.

Suma Peesapati , Lozeau/Drury LLP, Alameda, CA; and David Pettit , Natural Resources Defense Council, Inc., for the amici curiae.

Before PAMELA ANN RYMER, SUSAN P. GRABER, and RAYMOND C. FISHER, Circuit Judges.

OPINION

GRABER, Circuit Judge:

An array of federal, state, and local laws governs the operation of railroads, including laws that regulate the effect of the railroad industry on the environment. Here, a local governmental agency enacted rules aimed at limiting the air pollution created by idling trains. Several entities within the railroad industry filed suit. After a bench trial, the district court held that federal...

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