Natural Resources Defense Coun, et al v. EPA, No. 08-72288 (9th Cir. 2011)Annotate this Case
Plaintiffs filed a petition of review related to the Environmental Protection Agency's ("EPA")overall approval process of California's state implementation plan which contained limits on motor vehicle emissions for the years 2009 and 2012. At issue was whether the EPA's decision was arbitrary, capricious, an abuse of discretion, or otherwise contrary to law where the EPA's final determination was that the baseline budgets were "adequate" for transportation conformity purposes. The court denied the petition and held that the EPA's reading of its own regulations, which did not require an appropriate attainment demonstration, was reliable and therefore, did not compel an alternative reading to the EPA's interpretation.