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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. U.S. E.P.A.

No. 08-72288.

638 F.3d 1183 (2011)

NATURAL RESOURCES DEFENSE COUNCIL, INC.; East Yard Communities for Environmental Justice; Coalition for a Safe Environment; and Endangered Habitats League, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, and Southern California Association of Governments; and South Coast Air Quality Management District, Respondent-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed March 30, 2011.

Attorney(s) appearing for the Case

Robert E. Yuhnke , Robert Yuhnke & Associates, Boulder, Colorado; and Adriano Martinez , Natural Resources Defense Council, Santa Monica, CA, for the petitioners.

Heather E. Gange , Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for the respondents.

Barbara Baird , South Coast Air Quality Management District, Diamond Bar, CA; and Joanna G. Africa , Southern California Association of Governments, Los Angeles, CA, for the intervenors.

John P. Dwyer , Dwyer & Biggs LLP, San Francisco, CA, for the amicus curiae.

Before: J. CLIFFORD WALLACE and SUSAN P. GRABER, Circuit Judges, and RICHARD MILLS, Senior District Judge.

OPINION

GRABER, Circuit Judge:

Pursuant to the Clean Air Act, the Environmental Protection Agency ("EPA") regulates emissions of particles known as particulate matter. In order to meet statutory and regulatory requirements, California submitted a state implementation plan ("SIP") to the EPA for its approval. The SIP contains, among many other things, limits on motor vehicle emissions for the years 2009 and...

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