SIERRA CLUB; Natural Resources Defense Council, Plaintiffs-Appellees,
v.
State of NORTH DAKOTA; State of Arizona; Commonwealth of Kentucky, Energy and Environment Cabinet; State of Nevada; State of Louisiana, Department of Environmental Quality; State of Texas, Intervenor-Plaintiffs-Appellants,
v.
Scott Pruitt, in his official capacity as Administrator of the United States Environmental Protection Agency, Defendant-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted March 16, 2017, San Francisco, California.
Filed August 28, 2017.
Attorney(s) appearing for the Case
Paul M. Seby (argued), Special Assistant Attorney General for the State of North Dakota, Greenberg Traurig LLP, Denver, Colorado; Wayne Stenehjem , Attorney General; Margaret I. Olson , Assistant Attorney General; Office of the Attorney General, Bismarck, North Dakota; Mark Brnovich , Arizona Attorney General; Monique K. Coady , Assistant Attorney General; Office of the Attorney General, Phoenix, Arizona; C. Michael Haines , Executive Director; Jacquelyn A. Quarles , Staff Attorney; Office of General Counsel, Energy and Environment Cabinet, Frankfort, Kentucky; Spencer B. Bowman , Legal Division, Louisiana Department of Environmental Quality, Baton Rouge, Louisiana; Adam Paul Laxalt , Attorney General; Belinda A. Suwe , Deputy Attorney General; Office of the Attorney General, Carson City, Nevada; Ken Paxton , Attorney General; Charles E. Roy , First Assistant Attorney General; James E. Davis , Deputy Attorney General for Civil Litigation; Jon Niermann , Chief, Environmental Protection Division; Nancy Olinger , Assistant Attorney General; Office of the Attorney General, Austin, Texas; for State Intervenor-Plaintiffs-Appellants.
Zachary M. Fabish (argued), Sierra Club Environmental Law Program, Washington, D.C.; Paul R. Cort , Earthjustice, San Francisco, California; Nicholas Morales and David S. Baron , Earthjustice, Washington, D.C.; for Plaintiffs-Appellees Sierra Club and Natural Resources Defense Council.
J. David Gunter II (argued) and Martha C. Mann , Attorneys; John C. Cruden , Assistant Attorney General; Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Michael Thrift , Office of General Counsel, United States Environmental Protection Agency, Washington, D.C.; for Defendant-Appellee.
Dissent by Judge Wallace.
OPINION
McKEOWN, Circuit Judge:
Under the Clean Air Act ("the Act"), the Environmental Protection Agency ("EPA") must establish and periodically revise national ambient air quality standards ("NAAQS"). After NAAQS are promulgated, the agency designates whether geographic areas meet those NAAQS. At issue in this appeal are the NAAQS designations...
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