RECENT FEDERAL DECISIONS

May 2009

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Ninth Circuit Finds EPA’s Approval of Local Air District’s Particulate Pollutant Control Program Comports with Clean Air Act Requirements
Latino Issues Forum, et al. v. U.S. Environmental Protection Agency, et al., ___F.3d___

On March 5, 2009, the U.S. Court of Appeals for the Ninth Circuit determined the U.S. Environmental Protection Agency (EPA) made no clear error of judgment in approving the San Joaquin Valley Air Pollution Control District’s air pollution control plan entitled “Rule 4550,” which allows agricultural operators to meet the San Joaquin Valley’s “best available control measures” standard to control particulate matter emissions by choosing control measures from a menu of options.