ASSOCIATION OF IRRITATED RESIDENTS v. U.S. E.P.A.

No. 13-73398.

790 F.3d 934 (2015)

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.

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.

Philip M. Jay (argued), Rissa A. Stuart , and Ann M. Grottveit , Kahn, Soares & Conway, LLP, Sacramento, California, for Respondent-Intervenor Air Coalition Team.

David E. Cranston and Sedina L. Banks , Greenberg Glusker Fields Claman & Machtinger LLP, Los Angeles, California, for Respondent-Intervenor Dairy Cares.

Timothy S. Bishop (argued), Mayer Brown LLP, Chicago, Illinois; Carmine R. Zarlenga , Michael B. Kimberly , and Matthew A. Waring , Mayer Brown LLP, Washington, D.C., for Respondents-Intervenors Foster Farms, LLC and Foster Poultry Farms, Inc.

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

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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