ELR Citation: 41 ELR 20082
No(s). s. 09-71383 (9th Cir. Feb 2, 2011)

The Ninth Circuit granted citizen groups' petition for review of a final action by EPA approving in part and disapproving in part revisions to California's SIP for meeting CAA air quality standards for ozone. EPA's failure to order California to submit a revised attainment plan for the South Coast after it disapproved the 2003 attainment plan was arbitrary and capricious. In addition, EPA's approval of a "pesticide element" designed to reduce emissions from pesticide applications violates the CAA because the element lacks enforceable commitments. Finally, EPA violated the CAA by failing to require transportation control measures to combat the increase in vehicle miles traveled. EPA's approval was therefore remanded for further consideration.