Association of Irritated Residents v. United States Environmental Protection Agency

The Association of Irritated Residents, El Comité para el Bienestar de Earlimart, the Community of Children’s Advocates Against Pesticide Poisoning, and the Natural Resources Defense Council, petition for review of a final action by the Environmental Protection Agency approving in part and disapproving in part revisions to California’s State Implementation Plan for meeting air quality standards for ozone under the Clean Air Act. We have jurisdiction under 42 U.S.C. § 7607 (b)(1). We grant the petition for review and remand to EPA for further consideration.

I

A

Congress enacted the Clean Air Act (the “Act”) to help protect and enhance the nation’s air quality. 42 U.S.C. §§ 7401 -7671q. The Act requires the Environmental Protection Agency (“EPA”) to establish National Ambient Air Quality Standards (“NAAQS”) for a variety of pollutants, one of which is ozone. 1 Id. §§ 7408-09. EPA then designates areas as “attainment” or “nonattainment” based on whether the areas meet the clean air standards for each particular pollutant. Id. § 7407(d). EPA classifies nonattainment areas based on the severity of the area’s pollution, from Marginal to Extreme. Id. § 7511(a). The area at…