Vigil

Martha Vigil, Andy Blackledge and Robin Silver petition for review of a final rule approved by the Environmental Protection Agency (EPA) under the Clean Air Act, 42 U.S.C. §§ 7401 -7671q. On July 25, 2002, EPA approved Arizona’s serious area state implementation plan for airborne particulate matter in the metropolitan Phoenix (Maricopa County) area and granted Arizona’s request for an extension of the statutory attainment deadline from December 31, 2001, to December 31, 2006.

Petitioners, who are interested Phoenix residents, assert that EPA’s actions are arbitrary and capricious or otherwise not in accordance with the Act because EPA approved Arizona’s general permit rule for controlling agricultural emissions without requiring all feasible measures and, specifically, controls currently implemented in the South Coast region of California. Petitioners also argue that EPA approved the plan without requiring Arizona to mandate the use of CARB diesel, a fuel standard adopted by the California Air Resources Board. Finally, petitioners argue that it was arbitrary and capricious for EPA to grant an extension of the statutory deadline to December 31, 2006. We grant the petition in…