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CAL. COMMUNITIES AGAINST TOXICS v. U.S. E.P.A.

No. 11-71127.

688 F.3d 989 (2012)

CALIFORNIA COMMUNITIES AGAINST TOXICS, an unincorporated association; Communities for a Better Environment, a California non-profit organization, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Lisa Jackson, Administrator, U.S. Environmental Protection Agency; Jared Blumenfeld, Respondents, CPV Sentinel LLC; South Coast Air Quality Management District, Respondents-intervenors.

United States Court of Appeals, Ninth Circuit.

Filed July 26, 2012.

Attorney(s) appearing for the Case

Angela Johnson Meszaros and Timothy R. Grabiel , Law Offices of Angela Johnson Meszaros, South Pasadena, CA, for petitioner California Communities Against Toxics.

Shana Lazerow and Maya Golden-Krasner , Communities for a Better Environment, Oakland, CA, for petitioner Communities for a Better Environment.

Ann Lyons , United States Environmental Protection Agency, Office of Regional Counsel, San Francisco, CA; Scott Jordan , United States Environmental Protection Agency, Office of General Counsel, Washington, D.C.; Ignacia S. Moreno , Assistant Attorney General; and Amy J. Dona , Environmental Defense Section, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for respondents United States Environmental Protection Agency, Lisa Jackson and Jared Blumenfeld.

Michael J. Carroll and Joshua T. Bledsoe , Latham & Watkins LLP, Costa Mesa, CA, for respondent-intervenor CPV Sentinel, LLC.

Kurt R. Wiese , Barbara Baird , Lauren B. Nevitt and Megan E. Lorenz , South Coast Air Quality Management District, Diamond Bar, CA, for respondent-intervenor South Coast Air Quality Management District.

Before: ALEX KOZINSKI, Chief Judge, STEPHEN S. TROTT and SIDNEY R. THOMAS, Circuit Judges.

OPINION

PER CURIAM:

Two environmental groups petition for review of a final rulemaking by the EPA. The groups and the EPA agree this case should be remanded, so the only dispute is whether vacatur is appropriate.

Background

The Clean Air Act requires the EPA to set national ambient air quality standards for air pollutants. 42 U.S.C. § 7409. States are responsible for developing plans to implement those standards. § 7410(a)(1)...

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