Safe Air for Everyone v. United States Environmental Protection Agency

ORDER

Petitioners’ Petition for Clarification is GRANTED. The opinion filed on January 30, 2007 and reported at 475 F.3d 1096 is hereby amended as follows:

1) On 475 F.3d at 1099, the sentence beginning “Because our review ...” is replaced with: “Because our review of an administrative agency’s decision begins and ends with the reasoning that the agency relied upon in making that decision, see SEC v. Chenery Corp., 318 U.S. 80, 87 , 63 S.Ct. 454 , 87 L.Ed. 626 (1943); Ctr. for Biological Diversity v. Kempthorne, 466 F.3d 1098, 1103-04 (9th Cir.2006), we grant the petition for review, vacate EPA’s approval of the amendment, and remand for EPA’s reconsideration of SAFE’S objections under a correct understanding of the preexisting Idaho SIP.”

2) On 475 F.3d at 1099, the sentence beginning “Finally, we explain why our interpretation ...” is replaced with: “Finally, we explain why our interpretation of the SIP as it existed at the time of the 2005 amendment resolves this case and requires that we grant the petition for review, vacate EPA’s approval of the amendment, and remand for further proceedings.”

3) On 475 F.3d at 1109-10, the sentence beginning “We therefore grant ...” is…