ASSOCIATION OF IRRITATED RESIDENTS, a California non-profit corporation, Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY; Gina McCarthy, in her official capacity as Administrator of the U.S. Environmental Protection Agency; Jared Blumenfeld, in his official capacity as Regional Administrator for region IX of the U.S. Environmental Protection Agency, Respondents,
Foster Poultry Farms; Foster Farms LLC; Dairy Cares; San Joaquin Valley Unified Air Pollution Control District; Air Coalition Team, Respondents-Intervenors.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted February 10, 2015.
Filed June 23, 2015.
Attorney(s) appearing for the Case
Brent Newell (argued), Center on Race, Poverty & the Environment, Oakland, California; Sofia Parino , Center on Race, Poverty & the Environment, San Francisco, California, for Petitioners.
Robert Dreher , Acting Assistant Attorney General, and Simi Bhat (argued), Environmental Defense Section, Environmental & Natural Resources Division, United States Department of Justice, Washington, D.C.; Jefferson Wehling , United States Environmental Protection Agency, Region IX, Office of Regional Counsel, San Francisco, California; Scott Jordan, United States Environmental.
Protection Headquarters, Office of General Counsel, Washington, D.C., for Respondents.
David E. Cranston and Sedina L. Banks , Greenberg Glusker Fields Claman & Machtinger LLP, Los Angeles, California, for Respondent-Intervenor Dairy Cares.
Catherine T. Redmond , Special Advisory Counsel, and Annette Ballatore-Williamson (argued), District Counsel, San Joaquin Valley Unified Air Pollution Control District, Fresno, California, for Respondent-Intervenor San Joaquin Valley Unified Air Pollution Control District.
Before: MARY M. SCHROEDER, Senior Circuit Judge, BARRY G. SILVERMAN, Circuit Judge, and MARVIN J. GARBIS, Senior District Judge.
OPINION
GARBIS, District Judge:
Petitioner, Association of Irritated Residents ("AIR"), petitions this court for review of the United States Environmental Protection Agency's ("EPA") promulgation of 40 C.F.R. § 52.245, a regulation that revised the scope of a previous EPA decision. The EPA promulgated the regulation under § 110...
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