United States Ninth Circuit

In a petition for review of an order of the EPA approving Arizona's Five Percent Plan for airborne particulate matter around Maricopa County, promulgated under the Clean Air Act to achieve a five percent annual reduction in PM-10, a harmful air pollutant, alleging that the EPA acted contrary to law by failing to require that Arizona include an updated analysis of best available control measures and most stringent measures in the Five Percent Plan, the petition is: 1) granted in part where the EPA's interpretation of the contingency measures requirement do not receive deference, because under the plain language of 42 U.S.C. section 7502(c)(9) contingency measures are measures that will be taken in the future, not measures that have already been implemented; and 2) denied in part where the EPA's determination that the control measures in Arizona's Five Percent Plan did not need to be updated.

Appellate Information

• Published 2016/09/12

Judges

• IKUTA

Court

• United States Ninth Circuit

Counsel