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BAHR v. REGAN

No. 20-70092.

6 F.4th 1059 (2021)

Sandra L. BAHR; Jeanne Lunn; David Matusow, Petitioners, v. Michael REGAN, Administrator, United States Environmental Protection Agency; Deborah Jordan, Acting Regional Administrator, U.S. EPA Region 9; U.S. Environmental Protection Agency, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed July 28, 2021.

Attorney(s) appearing for the Case

Jennifer B. Anderson (argued) and Daniel J. Adelman , Arizona Center for Law in the Public Interest, Phoenix, Arizona, for Petitioners.

Andrew D. Knudsen (argued), Attorney; Jonathan D. Brightbill , Principal Deputy Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Geoffrey L. Wilcox , Kaytrue Ting , Elizabeth Pettit , and Charlotte Withey , United State Environmental Protection Agency Office of Regional Counsel, Washington, D.C.; for Respondents.

Mark Brnovich , Attorney General; Shelley D. Cutts , Assistant Attorney General; Office of the Attorney General, Phoenix, Arizona; for Amicus Curiae State of Arizona.

Lucas J. Narducci and Michael C. Ford , Snell & Wilmer LLP, Phoenix, Arizona, for Amicus Curiae Arizona Chamber of Commerce and Industry.

Concurrence by Judge Bumatay.

OPINION

The intensity of the Arizona sun, a burgeoning metropolitan population, and heavy vehicular traffic have hindered Arizona's efforts to reduce the concentration of ozone in the Phoenix region below the national standard that the Environmental Protection Agency ("EPA") had set as safe for human health (the National...

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