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WILDEARTH GUARDIANS v. U.S. E.P.A.

No. 12-71523.

759 F.3d 1064 (2014)

WILDEARTH GUARDIANS, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY; Gina McCarthy, in her official capacity as Administrator of the U.S. Environmental Protection Agency, Respondents, Sierra Pacific Power Company; Nevada Power Company; The State of Nevada, Division of Environmental Protection, Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed July 17, 2014.

Attorney(s) appearing for the Case

Sarah K. McMillan (argued), WildEarth Guardians, Missoula, Montana; James J. Tutchton , WildEarth Guardians, Centennial, Colorado; Melissa A. Hailey , W. Randolph Barnhart, P.C., Denver, Colorado, for Petitioner.

David A. Carson (argued), United States Department of Justice, Environment and Natural Resources Division, Denver, Colorado, for Respondents.

Lisa E. Jones (argued), Samuel B. Boxerman , and James R. Wedeking , Sidley Austin LLP, Washington, D.C.; Thomas Woodworth , NV Energy, Inc., Las Vegas, Nevada, for Respondents-Intervenors Nevada Power Company and Sierra Pacific Power Company.

Belinda A. Suwe (argued), Carson City, Nevada, for Respondent-Intervenor State of Nevada, Department of Conservation and Natural Resources, Division of Environmental Protection.

Before: M. MARGARET McKEOWN and MILAN D. SMITH, JR., Circuit Judges, and JAMES L. ROBART, District Judge.

OPINION

M. SMITH, Circuit Judge:

WildEarth Guardians (WildEarth), a non-profit environmental organization, petitions for review of the Environmental Protection Agency's (EPA) approval of the State of Nevada's State Implementation Plan (SIP) for regional haze under the Clean Air Act, 42 U.S.C. §§ 7401-7671q (CAA). According to WildEarth, Nevada's SIP is inadequate, and the EPA's decision to approve it was arbitrary and capricious. WildEarth thus...

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