Sierra Club v. U.S. E.P.A., 01-71902.

Decision Date09 October 2003
Docket NumberNo. 01-71902.,01-71902.
Citation352 F.3d 1186
PartiesSIERRA CLUB, Petitioner, Imperial County Air Pollution Control District, Intervenor, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Michael O. Leavitt, Respondents.
CourtU.S. Court of Appeals — Ninth Circuit

David S. Baron, Earthjustice Legal Defense Fund, Washington, D.C., argued the cause for petitioner Sierra Club and submitted briefs.

Thomas H. Pacheco, United States Department of Justice, San Francisco, California, argued the cause for respondent Environmental Protection Agency and submitted briefs. Thomas L. Sansonetti, Assistant Attorney General, Jan Taradash, Associate Regional Counsel, Environmental Protection Agency, and Geoffrey Wilcox also were on the briefs.

Rick R. Rothman, McCutheon, Doyle, Brown & Enersen, LLP, Los Angeles, California, argued the cause for intervenor Imperial County Air Pollution Control District and submitted briefs. William H. Freedman and Michael S. McDonough also were on the briefs.

Michael S. Rhodes, Colley Godward LLP, San Diego, California, filed a brief on behalf of amicus curiae American Lung Association of San Diego and Imperial Counties. Andrea S. Hoffman, Robert R. Veith, and Craig A. Guthery also were on the brief.

On Petition for Review of an Order of the Environmental Protection Agency.

Before: William C. Canby, Jr., Diarmuid F. O'Scannlain, and William A. Fletcher, Circuit Judges.

ORDER

The opinion filed October 9, 2003 is hereby amended as follows:

Slip. Op. at 15008, lines 10-8 from the bottom: Replace the sentence that currently reads "The best evidence adduced by EPA is the windrose from Calipatria, several miles south of Brawley, which reveals very slight south-southeasterly winds" with the following:

"The evidence most supportive of EPA's position is the windrose from Calipatria, 10.5 miles north of Brawley, which reveals very slight south-southeasterly winds."

With this amendment, the petition for rehearing is hereby DENIED.

Intervenor Imperial County Air Pollution Control District's motion to stay the mandate is GRANTED until March 17, 2004 to permit said Intervenor to file a petition for certiorari with the United States Supreme Court. If before that date a petition for certiorari is filed, this stay shall remain in effect until final disposition by the Supreme Court.

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18 cases
  • Vigil v. Leavitt
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 10 Mayo 2004
    ...standard and an annual standard. 40 C.F.R. § 50.6(a), (b); see Sierra Club v. EPA, 346 F.3d 955, 957-58 (9th Cir.), amended by 352 F.3d 1186 (9th Cir.2003); Ober v. EPA, 84 F.3d 304, 306 & n. 1 (9th Cir.1996) (Ober Under the Clean Air Act Amendments of 1990, Congress designated certain area......
  • Friends of Earth, Inc. v. Mosbacher
    • United States
    • U.S. District Court — Northern District of California
    • 30 Marzo 2007
    ...the product of agency expertise.'" Id. (quoting Sierra Club v. EPA, 346 F.3d 955, 961 (9th Cir.2003) (noting standard), amended by 352 F.3d 1186 (9th Cir.2003) (brackets in original)). "The standard for determining whether the implementation of a proposal would significantly affect the huma......
  • People v. U.S. Dep't of the Interior
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 19 Mayo 2014
    ...See S. Coast Air Quality Mgmt. Dist. v. FERC, 621 F.3d 1085, 1099 (9th Cir.2010); Sierra Club v. EPA, 346 F.3d 955, 961,amended by352 F.3d 1186 (9th Cir.2003); Pub. Citizen v. Dep't of Transp., 316 F.3d 1002, 1020 (9th Cir.2003), rev'd on other grounds,541 U.S. 752, 124 S.Ct. 2204, 159 L.Ed......
  • California ex rel. Imperial Cnty. Air Pollution Control Dist. v. U.S. Dep't of the Interior
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 19 Mayo 2014
    ...S. Coast Air Quality Mgmt. Dist. v. FERC, 621 F.3d 1085, 1099 (9th Cir.2010) ; Sierra Club v. EPA, 346 F.3d 955, 961, amended by 352 F.3d 1186 (9th Cir.2003) ; Pub. Citizen v. Dep't of Transp., 316 F.3d 1002, 1020 (9th Cir.2003), rev'd on other grounds, 541 U.S. 752, 124 S.Ct. 2204, 159 L.E......
  • Request a trial to view additional results
2 books & journal articles
  • Case summaries.
    • United States
    • Environmental Law Vol. 34 No. 3, June 2004
    • 22 Junio 2004
    ...review of the 2002 Nevada Rule. Sierra Club v. United States Environmental Protection Agency, 346 F.3d 955 (9th Cir. 2003), amended by 352 F.3d 1186 (9th Cir. 2003), cert. denied, 124 S. Ct. 2873 The Sierra Club challenged the issuance of a final rule by the United States Environmental Prot......
  • 2003 ninth circuit environmental review.
    • United States
    • Environmental Law Vol. 34 No. 3, June 2004
    • 22 Junio 2004
    ...denied, 124 S. Ct. 2811 (2004). Sierra Club v. United States Environmental Protection Agency, 346 F.3d 955 (9th Cir. 2003), amended by 352 F.3d 1186 (9th Cir. 2003), cert. denied, 124 S. Ct. 2873 Turtle Island Restoration Network v. National Marine Fisheries Service, 340 F.3d 969 (9th Cir. ......

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