Latino Issues Forum v. United States Environmental Protection Agency

These consolidated petitions for review challenge the Environmental Protection *652 Agency’s determination that the San Joaquin Valley of California is in compliance with Clean Air Act standards for PM-10. The petitioners are the Latino Issues Forum and other non-profit groups concerned with the quality of the environment in central California. The Agency’s final action was published in March of 2008. 73 Fed.Reg. 14687 (Mar. 19, 2008).

Our review is under the Administrative Procedure Act, 5 U.S.C. § 706 (2)(A), and is limited to considering whether the action of the EPA was arbitrary or capricious. There are before us no issues of law requiring statutory or regulatory interpretation.

The petitioners’ principal contention is that the Agency acted arbitrarily or capriciously in determining that two “excee-dances” of the PM-10 standard reflected in monitors at Bakersfield, Oildale, and Corcoran were caused by “exceptional events” within the meaning of 42 U.S.C. § 7619 (b). The petitioners submitted various objections and alternative scientific bases to show that the exceedances were not “exceptional events,” i.e., beyond the control of those charged with reducing air pollution. The…