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NATURAL RESOURCES DEF. COUNCIL v. DEPT. OF TRANSP.

No. 12-56467.

770 F.3d 1260 (2014)

NATURAL RESOURCES DEFENSE COUNCIL, INC., a non-profit corporation; East Yard Communities for Environmental Justice, a non-profit corporation; Coalition for a Safe Environment, a non-profit corporation, Plaintiffs-Appellants, v. U.S. DEPARTMENT OF TRANSPORTATION; Ray Lahood, in his official capacity as Secretary of Transportation; State of California, Department of Transportation; Victor Mendez, Administrator, Federal Highway Administration; Jeffrey Paniati, in his official capacity as Acting Deputy Director of the Federal Highway Administration, Defendants-Appellees, Alameda Corridor Transportation Authority, Real Party in Interest-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 30, 2014.

Attorney(s) appearing for the Case

Adriano Martinez (argued), David Pettit , Natural Resources Defense Council, Santa Monica, CA; Robert E. Yuhnke , Robert Yuhnke & Associates, Boulder, CO, for Plaintiffs-Appellants.

J. David Gunter II (argued), Ignacia S. Moreno , David Glazer , Norman Rave , United States Department of Justice, Washington, D.C.; Judith A. Carlson , California Department of Transportation, Sacramento, CA, for Defendants-Appellees.

Jocelyn Denise Thompson (argued), Sharon Rubalcava , Shiraz D. Tangri , Marisa Blackshire , Alston & Bird LLP, Los Angeles, CA, for Real Party in Interest-Appellee.

Before: JOHN T. NOONAN, KIM McLANE WARDLAW, and RAYMOND C. FISHER, Circuit Judges.

OPINION

WARDLAW, Circuit Judge:

Natural Resources Defense Council, East Yard Communities for Environmental Justice, and Coalition for a Safe Environment (collectively "NRDC") appeal the district court's grant of summary judgment in favor of the U.S. Department of Transportation and other federal and state defendants (collectively "Defendants"). NRDC argues that Defendants violated the federal Clean Air Act ("CAA") and the National Environmental Policy Act...

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