Trustees For Alaska v. Fink

17 F.3d 1209 38 ERC 1389 , 24 Envtl. L. Rep. 20 ,550 TRUSTEES FOR ALASKA; Alaska Center for the Environment; Anchorage Audobon Society, Plaintiffs-Appellants, v. Tom FINK, in his capacity as Mayor of the Municipality of Anchorage; and the Municipality of Anchorage, Defendants-Appellees. No. 92-36932. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 1, 1994. Decided March 1, 1994. Michael M. Wenig, Eric Smith, Anchorage, Alaska, for the plaintiffs-appellants. John W. Phillips, Heller Ehrman White & McAuliffe, Anchorage, Alaska, for the defendants-appellees. Appeal from the United States District Court for the District of Alaska. Before: WRIGHT, REAVLEY, * and LEAVY, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge. 1 Trustees for Alaska sued Anchorage, arguing that Part D of the 1977 Amendments to the Clean Air Act, 42 U.S.C. Secs. 7501-7508 , did not allow the municipality to make conditional commitments to Traffic Control Measures in Alaska's State Implementation Plan. We hold that Anchorage could and did condition its commitment to expanding mass transit bus service upon the availability of funding. And we affirm the district court's finding that…