WILDEARTH GUARDIANS v. McCARTHY

No. 12-16797.

772 F.3d 1179 (2014)

WILDEARTH GUARDIANS, Midwest Environmental Defense Center, and Sierra Club, Plaintiffs-Appellants, v. Gina McCARTHY, in her official capacity as Administrator of the Environmental Protection Agency, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 1, 2014.


Attorney(s) appearing for the Case

David Bender (argued) and Christa Westerberg , McGillivray, Westerberg & Bender, Madison, WI; Robert Ukeiley , Berea, KY; Kristin Henry , Sierra Club, San Francisco, CA; James Jay Tutchton , WildEarth Guardians, Centennial, CO, for Plaintiffs-Appellants.

Robert Lundman (argued), Ignacia Moreno , Assistant Attorney General, Eileen McDonough , and David Gunter , United States Department of Justice, Environment & Natural Resources Division, Washington, D.C.; Brian Doster and Melina Williams , Office of General Counsel, Environmental Protection Agency, for Defendant-Appellee.

Before: WILLIAM C. CANBY, JR., WILLIAM A. FLETCHER, and PAUL J. WATFORD, Circuit Judges.


OPINION

Plaintiffs WildEarth Guardians, Midwest Environmental Defense Center, and Sierra Club are organizations dedicated to environmental conservation. They believe the Environmental Protection Agency (EPA) has been derelict in its duty to protect the nation's air from ground-level ozone pollution. They sued the...

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