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SIERRA CLUB v. U.S. E.P.A.

Nos. 10-71457, 10-71458.

671 F.3d 955 (2012)

SIERRA CLUB; Medical Advocates for Healthy Air, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Lisa Jackson, Administrator, U.S. Environmental Protection Agency; Jared Blumenfeld, Regional Administrator, Region IX, U.S. Environmental Protection Agency, Respondents, San Joaquin Valley Unified Air Pollution Control District, Respondent-Intervenor. Committee for a Better Arvin, a California nonprofit corporation; Comite Residentes Organizados Al Servicio del Ambiente Sano, an unincorporated association; Association of Irritated Residents, an unincorporated association, Petitioners, v. United States Environmental Protection Agency; Lisa Jackson, Administrator, U.S. Environmental Protection Agency; Jared Blumenfeld, Regional Administrator, Region IX, U.S. Environmental Protection Agency, Respondents, San Joaquin Valley Unified Air Pollution Control District, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed January 20, 2012.

Attorney(s) appearing for the Case

Paul R. Cort and Deborah S. Reames , Earthjustice, for petitioners Sierra Club and Medical Advocates for Healthy Air; Sofia L. Parino and Brent Newell, Center on Race, Poverty & the Environment for Petitioners Committee for a Better Arvin, Association of Irritated Residents and Comite Residentes Organizados al Servicio del Ambiente Sano.

Ignacia S. Moreno , John C. Cruden , Monica Derbes Gibson , Jefferson Wehling , Jeanhee Hong , and Jan M. Tierney , for respondent United States Environmental Protection Agency.

Catherine T. Redmond , for respondent-intervenor San Joaquin Valley Unified Air Pollution Control District.

Before: SIDNEY R. THOMAS, RONALD M. GOULD, and JAY S. BYBEE, Circuit Judges.

OPINION

GOULD, Circuit Judge:

Sierra Club and several environmental groups, (collectively, "Petitioners"), petition for review of the United States Environmental Protection Agency's ("EPA") approval of the 2004 State Implementation Plan ("2004 SIP") for the San Joaquin Valley's nonattainment area for the one-hour ozone National Ambient Air Quality Standard ("NAAQS"). Petitioners contend that 1) EPA acted arbitrarily and capriciously, in violation of the...

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