EL COMITÉ PARA EL BIENESTAR v. U.S. E.P.A.

No. 12-74184.

786 F.3d 688 (2015)

EL COMITÉ PARA EL BIENESTAR DE EARLIMART, an unincorporated association; Association of Irritated Residents, a California non-profit corporation; Wishtoyo Foundation, a California non-profit corporation; Ventura Coastkeeper, a program of the Wishtoyo Foundation, Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY; Lisa P. Jackson, in her official capacity as Administrator of the U.S. EPA; Jared Blumenfeld, in his official capacity as Regional Administrator for Region IX of the U.S. EPA, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed May 8, 2015.


Attorney(s) appearing for the Case

Brent J. Newell (argued), Sofia Parino, Center on Race, Poverty & the Environment, San Francisco, California, for Petitioners.

Robert G. Dreher, Acting Assistant Attorney General, Dustin J. Maghamfar (argued), Environmental Defense Section, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Jefferson Wehling, Office of Regional Counsel, Jan Tierney, Office of General Counsel, United States Environmental Protection Agency, Washington, D.C., for Respondents.

Rissa A. Stuart,   Ann M. Grottveit,   Katherine E. Underwood, Kahn, Soares & Conway, LLP, Sacramento, California, for Amicus Curiae Air Coalition Team.

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


OPINION

We deal with another phase of California's efforts to create a "Pesticide Element" for its State Implementation Plan ("SIP") that meets the requirements of the Clean Air Act, 42 U.S.C. § 7401 et seq. This is a challenge by several community organizations to the Environmental Protection Agency...

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