OWNER-OPERATOR IND. DRIVERS V. RICHARD COREY, No. 15-16429 (9th Cir. 2017)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 26 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC., et al., No. 15–16429 D.C. No. 2:14-cv-00186-MCE-AC Plaintiffs - Appellants, MEMORANDUM* v. RICHARD COREY, et al., Defendants - Appellees. Appeal from the United States District Court for the Eastern District of California Morrison C. England, District Judge, Presiding Argued and Submitted April 19, 2017 San Francisco, California Before: REINHARDT and TASHIMA, Circuit Judges, and MOLLOY,** District Judge. Owner-Operator Independent Drivers Association, Inc. appeals the district court’s order dismissing for lack of subject matter jurisdiction its challenge to * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Donald W. Molloy, United States District Judge for the District of Montana, sitting by designation. Appellees’ enforcement of the Truck and Bus Regulation, an EPA-approved rule concerning heavy vehicle emissions. Because, “as a practical matter,” the Association’s suit challenges the EPA Administrator’s final action in approving the Regulation as part of California’s State Implementation Plan, we affirm. Cal. Dump Truck Owner’s Ass’n v. Nichols, 784 F.3d 500, 507 (9th Cir. 2015), cert denied 136 S. Ct. 403 (Nov. 2, 2015). See also 42 U.S.C. § 7607(b)(1). We need not reach the issue of whether the EPA was a necessary and indispensable party to the action. AFFIRMED. 2

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