9th Circ. Backs EPA's San Joaquin Air Quality Blessing

Law360, New York (March 4, 2009, 12:00 AM EST) -- The U.S. Environmental Protection Agency did not act capriciously when it ruled construction-related pollution in central California was an exceptional event, according to a memorandum filed Monday by a federal appeals court.

The agency concluded correctly that particulate counts exceeding federal standards were not the norm and that the area meets federal air quality standards, according to the U.S. Court of Appeals for the Ninth Circuit, which denied a petition brought by the Sierra Club and other environmental advocates against the San Joaquin Valley Air District...
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