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BAHR v. U.S. E.P.A.

No. 14-72327.

836 F.3d 1218 (2016)

Sandra L. BAHR; David Matusow, Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY; Gina McCarthy, Administrator, United States Environmental Protection Agency; Jared Blumenfeld, Regional Administrator, EPA Region IX, Respondents, State of Arizona, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed September 12, 2016.

Attorney(s) appearing for the Case

Joy E. Herr-Cardillo (argued) and Timothy M. Hogan , Arizona Center for Law in the Public Interest, Tucson, Arizona, for Petitioners.

Alan D. Greenberg (argued), Attorney; Sam Hirsch , Acting Assistant Attorney General; Environment & Natural Resources Division, United States Department of Justice, Denver, Colorado; Geoffrey Wilcox , Office of General Counsel; Kara Christenson , Office of Regional Counsel, Region 9; United States Environmental Protection Agency, San Francisco, California; for Respondents.

Monique Coady , Assistant Attorney General, Office of the Attorney General, Phoenix, Arizona, for Respondent-Intervenor.

Partial Concurrence and Partial Dissent by Judge Clifton

OPINION

Sandra Bahr and David Matusow petition for review of a final rule issued by the Environmental Protection Agency (EPA) approving Arizona's Five Percent Plan for airborne particulate matter around Maricopa County. They argue that the EPA erred in approving this plan because it did not include best available...

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