Vigil v. Leavitt

381 F.3d 826 Martha VIGIL, Andy Blackledge and Robin Silver, Petitioners, v. Michael O. LEAVITT, * Administrator, United States Environmental Protection Agency; Wayne Nastri, Regional Administrator, Region IX; and United States Environmental Protection Agency, Respondents. No. 02-72424. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 9, 2003. Filed May 10, 2004. Amended September 1, 2004. On Petition for Review of an Order of the Environmental Protection Agency. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Joy E. Herr-Cardillo, Arizona Center for Law in the Public Interest, Tucson, AZ, for the petitioners. Angeline Purdy, Trial Attorney, Environmental Defense Section, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C., and Daniel W. Pinkston, Senior Trial Attorney, Denver, CO, for the respondents. Richard S. Moskowitz, American Trucking Associations, Inc., Alexandria, VA, for the amicus curiae. Before GRABER, WARDLAW, and BYBEE, Circuit Judges. 1 ORDER AMENDING OPINION AND GRANTING IN PART RESPONDENTS' MOTION FOR CLARIFICATION OR FOR REHEARING BY THE PANEL AND AMENDED OPINION ORDER 2 The opinion, filed May 10,…