United States Ninth Circuit

Approval of area state implementation plan for airborne particulate matter in the metropolitan Phoenix is remanded to the EPA for further consideration of whether Arizona's decision to reject CARB diesel as an emissions control measure satisfies BACM and MSM.

Appellate Information

• Argued 06/09/2003
• Decided 05/10/2004
• Published 05/10/2004

Judges

• Before GRABER, WARDLAW, and BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Joy E. Herr-Cardillo, Arizona Center for Law in the Public Interest, Tucson, AZ, for the petitioners., Richard S. Moskowitz, American Trucking Associations, Inc., Alexandria, VA, for the amicus curiae.


• For Appellees:
  
• Angeline Purdy, Trial Attorney, Environmental Defense Section, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C., and Daniel W. Pinkston, Senior Trial Attorney, Denver, CO, for the respondents.