Safe Air For Everyone v. United States Environmental Protection Agency

475 F.3d 1096 SAFE AIR FOR EVERYONE; American Lung Association of Idaho; Noël Sturgeon, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Stephen L. Johnson, Administrator of the United States Environmental Protection Agency; Elin D. Miller, * Regional Administrator of the United States Environmental Protection Agency, Region X, Respondents, State of Idaho, Intervenor. No. 05-75269. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 15, 2006. Filed January 30, 2007. David S. Baron, Earthjustice, Washington, D.C., for the petitioners. Paul Cirino, Environmental Defense Section, U.S. Department of Justice, Washington, D.C., for the respondents. Lisa J. Kronberg, Deputy Attorney General, Idaho Department of Environmental Quality, Boise, ID, for the intervenor. On Petition for Review of an Order of the Environmental Protection Agency. Before: ARTHUR L. ALARCÓN, PAMELA ANN RYMER, and MARSHA S. BERZON, Circuit Judges. BERZON, Circuit Judge: 1 The Clean Air Act ("CAA" or "the Act"), 42 U.S.C. §§ 7401 -7671q, authorizes the creation of air quality standards for a number of pollutants, including particulate matter produced as a…