Slater

ORDER

Plaintiffs Environmental Council of Sacramento, Sierra Club, and “No-Way L.A.” Coalition brought suit to challenge a Clean Air Act conformity determination made by the Sacramento Area Council of Governments (“SACOG”) and approved by the United States Department of Transportation (“DOT”), through the Federal Highway Administration (“FHWA”) and Federal Transit Administration (“FTA”) and by the California Department of Transportation (“Caltrans”). Defendants moved to dismiss the plaintiffs’ complaint in part and plaintiffs moved for a preliminary injunction and for summary judgment. I address these motions based on the papers and pleadings filed herein and after oral argument.

I.

THE REGULATORY SCHEME

Because this case lies at the intersection of federal highway aid programs and the Clean Air Act, I begin with a review of the applicable legislative schemes and their interrelation.

A. FEDERAL HIGHWAY AID PROGRAMS

Chapter 1 of Title 23 of the United States Code establishes comprehensive programs to provide federal funding and financial assistance to states for regional and local highway projects. See 23 U.S.C. § 101 et seq. Section 134 of Title 23 requires all urban areas…