Beentjes

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JACOB W. BEENTJES, 

Plaintiff-Appellee, No. 03-15598 v.  D.C. No.

CV-00-01423-FCD

PLACER COUNTY AIR POLLUTION

CONTROL DISTRICT, OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of California Frank C. Damrell, District Judge, Presiding

Argued and Submitted April 12, 2004—San Francisco, California

Filed February 4, 2005

Before: Warren J. Ferguson, Stephen Reinhardt, and Richard A. Paez, Circuit Judges.

Opinion by Judge Paez

1541 1544 BEENTJES v. PLACER COUNTY AIR POLLUTION CONTROL

COUNSEL

Mathew D. Evans, James B. Car, Duncan, Ball & Evans, Sac- ramento, California, for the appellant.

Roderick P. Bushnell, Bushnell, Caplan & Fielding, LLP, San Francisco, CA, and Linda J. Sloven, Nevada City, California, for the appellee.

OPINION

PAEZ, Circuit Judge:

The Placer County Air Pollution Control District (“the Dis- trict”) is charged under state law with the responsibility of enforcing state and national air quality standards within its region. The District is part of the larger state and…