Article: Case summaries. (cases on environmental quality, natural resources, forests, and related subjects)(1996 Ninth Circuit Environmental Review)

1. Ober v. EPA, 84 F.3d 304 (9th Cir. 1996).

Phoenix residents adversely affected by excessive levels of airborne particulates petitioned for review of a final decision of the Environmental Protection Agency (EPA) under the Clean Air Act (CAA). EPA had approved Arizona's State Implementation Plan (SIP) for the control of airborne particulate matter in Phoenix. The petitioners alleged that EPA approval violated the CAA and the Administrative Procedure Act (APA), because the SIP failed to address a number of substantive and procedural requirements. The Ninth Circuit agreed with a number of the issues raised by the petitioners, and remanded to the EPA to address ...

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