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

Nos. 11-73342, 11-73356.

762 F.3d 971 (2014)

SIERRA CLUB; Center for Biological Diversity; Greenaction for Health and Environmental Justice, Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY; Lisa P. Jackson, in her official capacity as Administrator, U.S. Environmental Protection Agency; Gina McCarthy, in her official capacity as Assistant Administrator, Office of Air and Radiation, U.S. Environmental Protection Agency, Respondents, Avenal Power Center, Respondent-Intervenor. El Pueblo para el Aire y Agua Limpio, Petitioner, v. U.S. Environmental Protection Agency; Lisa P. Jackson, in her official capacity as Administrator of the USEPA; Jared Blumenfeld, in his official capacity as Regional Administrator for Region IX of the USEPS, Respondents, Avenal Power Center, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed August 12, 2014.

Attorney(s) appearing for the Case

Paul R. Cort (argued) and George Torgun , Earthjustice, Oakland, CA, for Petitioners Sierra Club, Center for Biological Diversity, and Greenaction for Health and Environmental Justice.

Ingrid Brostrom and Brent Newell , Center on Race, Poverty & the Environment, San Francisco, CA, for Petitioner El Pueblo Para El Aire y Agua Limpio.

Ignacia S. Moreno , Assistant Attorney General, and Stephanie J. Talbert (argued), United States Department of Justice, Environment & Natural Resources Division, Washington, D.C.; Brian Doster , David Coursen , Melina Williams , and Julia Walters , United States Environmental Protection Agency, for Respondents.

William R. Warne (argued), Jane E. Luckhardt , Elizabeth B. Stallard , Gregory T. Broderick , and Nicholas Rabinowitch , Downey Brand LLP, Sacramento, CA, for Respondent-Intervenor.

John J. Davis, Jr. and Andrew J. Kahn , Davis, Cowell & Bowe, LLP, San Francisco, CA, for Amici Curiae Avenal-Area Unions.

Before: N. RANDY SMITH and JACQUELINE H. NGUYEN, Circuit Judges, and GORDON J. QUIST, Senior District Judge.

OPINION

NGUYEN, Circuit Judge:

Avenal Power Center LLC ("Avenal Power") applied to the United States Environmental Protection Agency ("EPA") for a Prevention of Significant Deterioration Permit ("Permit"), to build and operate the Avenal Energy Project, a 600 megawatt natural gas-fired power plant in the city of Avenal, California. Although EPA had a statutory duty under the Clean Air Act to either grant or deny the Permit application within one year, 42...

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