Fink

Trustees for Alaska sued Anchorage, arguing that Part D of the 1977 Amendments to the Clean Air Act, 42 U.S.C. §§ 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 Trustees failed to meet their burden of showing that Anchorage violated the condition by not taking reasonable steps to locate funding.

BACKGROUND

The labored history of the Clean Air Act is well documented. See, e.g., Coalition for Clean Air v. Southern Cal. Edison Co., 971 F.2d 219, 221-23 (9th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 1361 , 122 L.Ed.2d 740 (1993); Delaney v. EPA 898 F.2d 687 (9th Cir.), cert. denied, 498 U.S. 998 , 111 S.Ct. 556 , 112 L.Ed.2d 563 (1990); Connecticut Fund for the Environment, Inc. v. EPA 672 F.2d 998 (2d Cir.), cert. denied, 459 U.S. 1035 , 103 S.Ct. 445 , 74 L.Ed.2d 601 (1982). This case arises under Part D of the 1977 Amendments to the Act, 42 U.S.C. §§ 7501-7508 , which extended until 1987 the deadline for…