El Comité Para El Bienestar De Earlimart v. U.S. Environmental Protection Agency

We deal with another phase of California’s efforts to create a “Pesticide Element” for its State Implementation Plan (“SIP”) that meets the requirements of the Clean Air Act, 42 U.S.C. § 7401 et seq. This is a challenge by several community organizations to the Environmental Protection Agency’s (“EPA”) 2012 approval of revisions and additions to California’s Pesticide Element relating to the reduction of volatile organic compounds (“VOCs”), precursors of ozone, in the San Joaquin and Ventura air basins.

In an earlier decision involving the Pesticide Element, we held that certain of its commitments were not enforceable emissions standards or limitations of the SIP that could be challenged pursuant to § 304(a) of the Clean Air Act. El Comité Para El Bienestar de Earlimart v. Warmerdam, 539 F.3d 1062, 1073 (9th Cir.2008). The EPA subsequently approved revisions to California’s Pesticide Element, so this is a suit pursuant to § 307(b) of the Clean Air Act, which provides for review of agency action in approving a SIP.

There are three issues presented. The first is whether the EPA was arbitrary and capricious in its interpretation of the Pesticide Element’s commitment to…