Cal. Dump Truck Owners Ass'n v. Mary Nichols

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

No. 13-15175

CALIFORNIA DUMP TRUCK OWNERS

ASSOCIATION,

D.C. No. Plaintiff-Appellant, 2:11-cv-00384-

MCE-GGH

v.

ORDER AND

MARY D. NICHOLS, Chairperson of AMENDED the California Air Resources Board; OPINION JAMES GOLDSTENE, Executive Officer of the California Air Resources Board, Defendants-Appellees,

NATURAL RESOURCES DEFENSE

COUNCIL, INC.,

Intervenor-Defendant–Appellee.

Appeal from the United States District Court for the Eastern District of California Morrison C. England, Chief District Judge, Presiding Submitted February 9, 2015 ∗ San Francisco, California

Filed March 3, 2015 Amended April 27, 2015

Before: John T. Noonan, Senior Circuit Judge, Barry G. Silverman, Circuit Judge, and Paul C. Huck, Senior District Judge. **

Opinion by Judge Huck

SUMMARY ***

Environmental Law

The panel affirmed the dismissal for lack of subject matter jurisdiction of a federal preemption challenge to a

∗ The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

** The Honorable Paul C. Huck, United States…