Tuesday, April 28, 2015

California Dump Truck Owners Association V. Mary Nichols

<> California Dump Truck Owners Association V. Mary Nichols - 4/27/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-15175. At issue is whether the Environmental Protection Agency's (EPA) approval of the regulation as part of California's state implementation plan (SIP) divested the district court of subject matter jurisdiction under the Clean Air Act.
     The Appeals Court ruled that because the court of appeals has exclusive jurisdiction over such challenges pursuant to § 307(b)(1), the district court lacked jurisdiction. Appellees' petition for rehearing and petition for rehearing en banc are denied.

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