United States Ninth Circuit

The EPA abused its discretion in refusing to consider and weigh the effect of a state's proposed waiver, of the oxygen level requirement under the federal reformulated gasoline program, on particulate matter pollution along with its effect on ozone levels.

Appellate Information

• Argued 02/12/2003
• Decided 07/17/2003
• Published 07/17/2003

Judges

• Before CANBY, O'SCANNLAIN, and W. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Russell B. Hildreth, Deputy Attorney General, Sacramento, CA, for petitioner., Barbara B. Baird, District Counsel, Jeri G. Voge, Senior Deputy District Counsel, South Coast Air Quality Management District, intervenor in support of petitioners, Diamond Bar, CA, for South Coast Air Quality Management District., Jeri G. Voge, Fran M. Layton, Shute, Mihaly & Weinberger L.L.P., San Francisco, CA, for the petitioners-intervenors.


• For Appellees:
  
• Jeffrey Bossert Clark, Deputy Assistant Attorney General, Environment and Natural Resources Division, United States Department of Justice, Washington, DC, for respondents., Michael E. Ward, Swindler, Berlin, Shereff, Friedman, L.L.P., Washington, DC, for the respondents-intervenors.