Hall

Hall v. Bellard

Good Law
157 F. App'x 992
United States Court of Appeals for the Ninth CircuitDecember 8, 2005No. 04-16610California700 words

Opinion

Lead Opinion

MEMORANDUM **

The plaintiff appeals pro se the District Court’s summary judgment in favor of the United States Department of Transportation (“Department”) and individual federal defendants in his action challenging the Department’s determination that local transportation plans and programs in the Las Vegas region of the State of Nevada conformed with the requirements of the Clean Air Act (CAA), 42 U.S.C. §§ 7401-7671 .

He alleges that one of the local transportation programs and the Department’s conformity determinations are subject to the requirements of the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321-47 , and the Administrative Procedure Act (APA).

In addition, plaintiff also alleges that the Department improperly based its conformity determination on a proposed CAA State Implementation Plan that he contends was invalidated by this Court’s decision in Hall v. EPA, 273 F.3d 1146 (9th Cir.2001).

*994 We affirm the District Court’s dismissal of the first four claims of the plaintiffs complaint and grant of summary judgment to the federal defendants on the last claim. We also hold that plaintiffs procedural claims regarding the administrative record and denial of…

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