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Engine Manufacturers Ass'n v. South Coast Air Quality Management District

U.S. Court of Appeals for the Ninth Circuit
Engine Manufacturers Ass'n v. South Coast Air Quality Management District, 309 F.3d 550 (9th Cir. 2002)
Goodwin, McKeown, Rymer

Engine Manufacturers Ass'n v. South Coast Air Quality Management District

Opinion of the Court

ORDER

Engine Manufacturers Association and Western States Petroleum Association appeal the district court’s judgment that the fleet rules adopted by the South Coast Air Quality Management District are not preempted by the Clean Air Act.

We affirm the decision of the district court for the reasons stated in its well-reasoned opinion, reported at Engine Mfrs. Ass’n v. South Coast Air Quality Mgmt. Dist., 158 F.Supp.2d 1107 (C.D.Cal. 2001).1

AFFIRMED.

. We decline to consider Amici's arguments regarding § 246 of the Clean Air Act. "Generally, we do not consider on appeal an issued raised only by amicus.” Swan v. Peterson, 6 F.3d 1373, 1383 (9th Cir. 1993).

Reference

Full Case Name
ENGINE MANUFACTURERS ASSOCIATION v. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT, SCAQMD William A. Burke, SCAQMD Board Chairman Norma J. Glover, SCAQMD Vice-Chairman Michael D. Antonovich, SCAQMD Board Member Hal Bernson, SCAQMD Board Member Jane W. Carney Cynthia P. Coad Beatrice J.S. Lapistokirtley Ronald O. Loveridge Jon D. Mikels Leonard Paulitz Cynthia Verdugo-Peralta S. ROY WILSON, SCAQMD Board Members Bary R. Wallerstein, SCAQMD Executive Officer, Defendants-Appellees Natural Resources Defense Council Coalition for Clean Air, Inc. Communities for a Better Environment, Inc. Planning & Conservation League Sierra Club, Defendants-Intervenors-Appellees v. Western States Petroleum Association, Plaintiff-Intervenor Engine Manufacturers Association v. South Coast Air Quality Management District, SCAQMD William A. Burke, SCAQMD Board Chairman Norma J. Glover, SCAQMD Vice-Chairman Michael D. Antonovich, SCAQMD Board Member Hal Bernson, SCAQMD Board Member Jane W. Carney Cynthia P. Coad Beatrice J.S. Lapistokirtley Ronald O. Loveridge Jon D. Mikels Leonard Paulitz Cynthia Verdugo-Peralta S. Roy Wilson, SCAQMD Board Members Bary R. Wallerstein, SCAQMD Executive Officer, Defendants-Appellees Natural Resources Defense Council Coalition for Clean Air, Inc. Communities for a Better Environment, Inc. Planning & Conservation League Sierra Club, Defendants-Intervenors-Appellees v. Western States Petroleum Association, Plaintiff-Intervenor-Appellant
Cited By
1 case
Status
Published
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