9th Circ. Boots Challenge To Calif. Clean Air Plan

Law360, New York (June 29, 2011, 7:35 PM EDT) -- The Ninth Circuit ruled Wednesday that four environmental groups could not bring a citizen suit against a California local environmental authority over its clean air plan, saying they should have sued the U.S. Environmental Protection Agency when it approved the plan.

The EPA explicitly approved the South Coast Air Quality Management District's use of emissions offset credits under the plan, so the Natural Resources Defense Council and three other groups should have appealed that approval to the Ninth Circuit when the agency handed it down, instead of bringing a suit...
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