California Dump Truck Owners Ass'n v. Nichols

ORDER

The opinion filed on March 3, 2015, and published at 778 F.3d 1119 , is hereby amended as follows:

On page 1132, the following text should be placed in a new footnote inserted after the words :

With this amendment, the petition for panel rehearing is denied. Judge Silver-man voted to deny the petition for rehearing en banc and Judges Noonan and Huck so recommend. The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

Appellees’ petition for rehearing and petition for rehearing en banc are DENIED. No further petitions for rehearing or rehearing en banc will be entertained.

OPINION

The California Dump Truck Owners Association (Truck Association) appeals the dismissal of its federal preemption challenge to a- California environmental regulation. At issue is whether the Environmental Protection Agency’s (EPA) approval of the regulation as part of California’s state implementation plan (SIP) divested the district court of subject matter jurisdiction under § 307(b)(1) of the Clean Air Act (CAA), 42 U.S.C. § 7607…