WASHINGTON ENVIRONMENTAL COUNCIL v. BELLON

Nos. 12-35323, 12-35324, 12-35358.

732 F.3d 1131 (2013)

WASHINGTON ENVIRONMENTAL COUNCIL; Sierra Club, Washington State Chapter, Plaintiffs-Appellees, v. Maia D. BELLON, Director of Washington State Department of Ecology, in her official capacity; Mark Asmundson, Director, Northwest Clean Air Agency, in his official capacity; Craig T. Kenworthy, Director, Puget Sound Clean Air Agency, in his official capacity, Defendants-Appellants. Washington Environmental Council; Sierra Club, Washington State Chapter, Plaintiffs-Appellees, v. Maia D. Bellon; Mark Asmundson, Director, Northwest Clean Air Agency, in his official capacity; Craig T. Kenworthy, Defendants, and Western States Petroleum Association, Intervenor-Defendant-Appellant. Washington Environmental Council; Sierra Club, Washington State Chapter, Plaintiffs-Appellants, v. Mark Asmundson, Director, Northwest Clean Air Agency, in his official capacity; Craig T. Kenworthy, Director, Puget Sound Clean Air Agency, in his official capacity; Maia D. Bellon, Director of Washington State Department of Ecology, in her official capacity, Defendants-Appellees, and Western States Petroleum Association, Intervenor-Defendant.

United States Court of Appeals, Ninth Circuit.

Filed October 17, 2013.


Attorney(s) appearing for the Case

Laura J. Watson (argued), Assistant Attorney General; Robert M. McKenna , Attorney General; and Katharine G. Shirey , Assistant Attorney General, Olympia, WA; Svend A. Brandt-Erichsen , Marten Law PLLC, Seattle, WA; Jennifer A. Dold , Puget Sound Clean Air Agency, Seattle, WA, for Defendants-Appellants/Cross-Appellees.

Janette K. Brimmer (argued), Earthjustice Legal Defense Fund, Seattle, WA; Brian W. Chestnut and Joshua A. Osborne-Klein , Ziontz Chestnut Varnell Berley & Slonim, Seattle, WA, for Plaintiffs-Appellees/Cross-Appellants.

Jeffrey W. Leppo (argued), Matthew Cohen , and Jason T. Morgan , Stoel Rives LLP, Seattle, WA, for Intervenor-Defendant-Appellant.

Before: ANDREW J. KLEINFELD, MILAN D. SMITH, JR., and N. RANDY SMITH, Circuit Judges.


OPINION

M. SMITH, Circuit Judge:

The parties cross appeal the district court's decision granting in part and denying in part their dispositive motions regarding environmental claims brought by the Washington Environmental Council (WEC) and the Sierra Club, Washington State Chapter, (collectively, Plaintiffs) under the citizen-suit provision of the federal Clean Air Act (CAA), 42 U.S.C. §§ 7401-7671q...

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