Bahr v. EPA, No. 14-72327 (9th Cir. 2016)Annotate this Case
Petitioners seek review of the EPA's rule approving Arizona’s Five Percent Plan for airborne particulate matter around Maricopa County. The court upheld the EPA’s determination that the control measures in Arizona’s Five Percent Plan did not need to be updated, and that the 135 exceedances were exceptional events that are excluded from consideration under the EPA’s regulation and guidance documents. The court concluded, however, that it will not defer to the EPA’s interpretation of the contingency measures requirement because, under the plain language of 42 U.S.C. 7502(c)(9), contingency measures are measures that will be taken in the future, not measures that have already been implemented. Accordingly, the court granted in part and denied in part the petition for review.