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NAT. ASS'N OF HOME BUILDERS v. SAN JOAQUIN VALLEY

No. 08-17309.

627 F.3d 730 (2010)

The NATIONAL ASSOCIATION OF HOME BUILDERS, Plaintiff-Appellant, v. The SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT; The Governing Board of the San Joaquin Valley Unified Air Pollution Control District, Defendants-Appellees, and Environmental Defense; Sierra Club, Defendant-intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted and Filed December 7, 2010.

Attorney(s) appearing for the Case

Robert D. Thornton , Robert C. Horton and Paul S. Weiland , Nossaman LLP, Irvine, CA, Duane J. Desiderio , Amy C. Chai and Thomas J. Ward , The National Association of Home Builders, Washington, DC, for plaintiff-appellant The National Association of Home Builders.

Philip M. Jay and Catherine T. Redmond , San Joaquin Valley Unified Air Pollution Control District, Fresno, CA, for defendant-appellee The San Joaquin Valley Unified Air Pollution Control District and the Governing Board of the San Joaquin Unified Air Pollution Control District.

Paul Cort and Gregory Cahill Loarie , Earthjustice, Oakland, CA, for defendant-intervenor-appellee Environmental Defense and Sierra Club.

Lisa Trankley , Office of the Attorney General, Sacramento, CA, for amicus curiae State of California.

Peter McVeigh , U.S. Department of Justice Environment and Natural Resources Division, Washington, DC, for amicus curiae Environmental Protection Agency.

Opinion by Judge B. FLETCHER; Partial Concurrence and Partial Dissent by Judge N.R. SMITH.

OPINION

B. FLETCHER, Circuit Judge:

In response to levels of pollution that violated national air quality standards, the San Joaquin Valley Unified Air Pollution District adopted "Rule 9510," which requires development sites to reduce the amount of pollutants they emit. The National Association of Home Builders (NAHB) sued the District, claiming that Rule 9510 is preempted by the Clean Air Act. The district court held that Rule 9510 is not preempted. We...

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