NATURAL RESOURCES DEFENSE COUNCIL v. U.S. E.P.A.

No. 13-70544.

779 F.3d 1119 (2015)

NATURAL RESOURCES DEFENSE COUNCIL and Communities for a Better Environment, Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY; Lisa P. Jackson, Administrator, U.S. Environmental Protection Agency; Jared Blumenfeld, Regional Administrator, Region IX, U.S. Environmental Protection Agency, Respondents, National Environmental Development Association's Clean Air Project; South Coast Air Quality Management District; San Joaquin Valley Unified Air Pollution Control District, Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed March 11, 2015.


Attorney(s) appearing for the Case

Paul Cort (argued) and Adriano Martinez , Earthjustice, San Francisco, CA, for Petitioners.

Heather Gange (argued) and Sam Hirsch , Acting Assistant Attorney General, United States Environmental Protection Agency, Environmental Defense Section, Environment & Natural Resources Division; Kara Christenson and David Coursen , United States Equal Protection Agency, Office of General Counsel, Washington, D.C., for Respondents.

Kurt Wiese , General Counsel, Barbara Baird (argued), Chief Deputy Counsel, William Wong , Principal Deputy Counsel, and Megan Lorenz Angarita , Senior Deputy Counsel, South Coast Air Quality Management District, Diamond Bar, CA, for Respondent-Intervenor South Coast Air Quality Management District.

Annette Ballatore-Williamson (argued), District Counsel, and Jessica Hafer Fierro , Assistant District Counsel, San Joaquin Valley Unified Air Pollution Control District, Fresno, CA, for Respondent-Intervenor San Joaquin Valley Unified Air Pollution Control District.

Leslie Sue Ritts , Ritts Law Group, PLLC, Alexandria, VA, for Respondent-Intervenor National Environmental Development Association's Clean Air Project.

Curtis L. Coleman , Law Offices of Curtis L. Coleman, Los Angeles, CA, for Amicus Curiae Southern California Alliance of Publicly Owned Treatment Works.

Robert Wyman, Jr. and John Heintz , Latham & Watkins LLP, Los Angeles, CA, for Amici Curiae Los Angeles Chamber of Commerce, Los Angeles County Business Federation, California Council for Environmental and Economic Balance, the California Small Business Alliance, and Regulatory Flexibility Group.

Before: MARY M. SCHROEDER, Senior Circuit Judge, BARRY G. SILVERMAN, Circuit Judge, and MARVIN J. GARBIS, Senior District Judge.


OPINION

Petitioners Natural Resources Defense Council and Communities for a Better Environment petition for review of the United States Environmental Protection Agency's approval of the South Coast Air Quality Management District's Rule 317 as a revision to California's State Implementation Plan for the Clean...

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