Owner-Operator Independent Drivers Ass'n v. Corey

690 F. App'x 479

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 26, 2017
• Docket: 15-16429
• Status: Unpublished

Opinion

MEMORANDUM **

Owner-Operator Independent Drivers Association, Inc. appeals the district court’s order dismissing for lack of subject matter jurisdiction its challenge to Appel-lees’ enforcement of the Truck and Bus Regulation, an EPA-approved rule concerning heavy vehicle emissions. Because, “as a practical matter,” the Association’s suit challenges the EPA Administrator’s final action in approving the Regulation as part of California’s State Implementation Plan, we affirm. Cal. Dump Truck Owner’s Ass’n v. Nichols, 784 F.3d 500, 507 (9th Cir. 2015), cert. denied — U.S. -, 136 S.Ct. 403, 193 L.Ed.2d 315 (2015). See also 42 U.S.C. § 7607(b)(1). We need not reach the issue of whether the EPA was a necessary and indispensable party to the action,

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.