Safe Air For Everyone v. United States Environmental Protection Agency

488 F.3d 1088 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. Amended May 29, 2007. David S. Baron, Earthjustice, Washington, DC, for the petitioners. Paul Cirino, Environmental Defense Section, U.S. Department of Justice, Washington, DC, 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. EPA No. ID-03-003. Before: ARTHUR L. ALARCÓN, PAMELA ANN RYMER, and MARSHA S. BERZON, Circuit Judges. ORDER 1 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: 2 1) On 475 F.3d at 1099, the…