United States Ninth Circuit

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State of Arizona v. US Environmental Protection Agency, 14-73368

In petitions for review brought by parties objecting to several sections of the EPA's most recent Federal Implementation Plan (FIP) promulgated under the Clean Air Act, to replace certain rejected portions of Arizona's State Implementation Plan, concerning how the state intended to improve air quality in federal parks and forests by reducing emissions of various pollutants, the petitions are: 1) dismissed in part where several of petitioners' objections to the FIP were not properly before the court because they were not first presented to the EPA during the notice-and comment period in 42 U.S.C. section 7607(d)(7)(B); and 2) denied in part as to the remaining petitions that were ripe for consideration where, according due deference, the EPA's emission-control measures were not arbitrary or capricious and thus constituted valid agency rulemaking.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/04/03

Judges

  • BYBEE

Court

  • United States Ninth Circuit

Counsel


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