United States Ninth Circuit

In this case, plaintiff made a federal preemption challenge to a California environmental regulation addressing diesel trucks. Dismissal for lack of subject matter jurisdiction is affirmed, where: 1) the Environmental Protection Agency's approval of the regulation as part of California's state implementation plan divested the district court of jurisdiction under Clean Air Act section 307(b)(1); 2) as a practical matter, the suit challenged the state implementation plan itself; and 3) because the court of appeals has exclusive jurisdiction over such challenges pursuant to section 307(b)(1), the district court lacked jurisdiction.

Appellate Information

• Decided 03/03/2015
• Published 03/03/2015

Judges

• Huck

Court

• United States Ninth Circuit

Counsel