United States Ninth Circuit

Petition for review of an EPA decision approving an amendment to a State Implementation Plan (SIP) under the Clean Air Act, so as to authorize farmers to burn the residue left in their fields after harvesting their crops, is granted where the EPA's approval was erroneously based on the premise that the preexisting Idaho SIP did not ban field burning.

Appellate Information

• Argued 11/15/2006
• Decided 01/30/2007
• Published 01/30/2007

Judges

• BERZON, Circuit Judge:, Before: ARTHUR L. ALARCÓN, PAMELA ANN RYMER, and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David S. Baron, Earthjustice, Washington, D.C., for the petitioners., Lisa J. Kronberg, Deputy Attorney General, Idaho Department of Environmental Quality, Boise, ID, for the intervenor.


• For Appellees:
  
• Paul Cirino, Environmental Defense Section, U.S. Department of Justice, Washington, D.C., for the respondents.