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ASSOCIATION OF IRRITATED RESIDENTS v. U.S. EPA

No. 19-71223.

10 F.4th 937 (2021)

ASSOCIATION OF IRRITATED RESIDENTS, a California non-profit corporation, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY; Michael S. Regan, in his official capacity as Administrator of the U.S. Environmental Protection Agency; Deborah Jordan, in her official capacity as Acting Regional Administrator for Region IX of the U.S. Environmental Protection Agency, Respondents, South Coast Air Quality Management District; San Joaquin Valley Unified Air Pollution Control District, Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed August 26, 2021.

Attorney(s) appearing for the Case

Brent J. Newell (argued), Law Offices of Brent J. Newell, Petaluma, California; Andrew L. Packard and William N. Carlon , Law Offices of Andrew L. Packard, Petaluma, California; for Petitioner.

Alan D. Greenberg (argued), Attorney; Jonathan D. Brightbill , Principal Deputy Assistant Attorney General; Environmental Defense Section, Environment and Natural Resources Division, United States Department of Justice, Denver, Colorado; Jefferson Wehling , Office of the Regional Counsel, United States Environmental Protection Agency, San Francisco, California; Geoffrey L. Wilcox , Office of the General Counsel; United States Environmental Protection Agency, Washington, D.C.; for Respondents.

Jessica E. Hafer Fierro (argued) and Annette A. Ballatore-Williamson , San Joaquin Valley Unified Air Pollution Control District, Fresno, California; Barbara Baird and Mary J. Reichert , South Coast Air Quality Management District, Diamond Bar, California; for Intervenors.

Before: Mark J. Bennett and Eric D. Miller, Circuit Judges, and Benita Y. Pearson, District Judge.

OPINION

The Environmental Protection Agency adopted a final rule approving the State of California's plan for meeting the air quality standard for ozone in the San Joaquin Valley. 84 Fed. Reg. 11,198 (Mar. 25, 2019). The plan contains a single contingency measure that will be activated if the other provisions of...

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