Sierra Club, Imperial County Air Pollution Control District, Intervenor v. United States Environmental Protection Agency Michael O. Leavitt

352 F.3d 1186, 2003 U.S. App. LEXIS 25725, 2003 WL 22965489

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 18, 2003
• Docket: 01-71902
• Status: Published

Opinion

ORDER

The opinion filed October 9, 2003 is hereby amended as follows:

Slip. Op. at 15008, lines 10-8 from the bottom: Replace the sentence that currently reads “The best evidence adduced by EPA is the windrose from Calipatria, several miles south of Brawley, which reveals very slight south-southeasterly winds” with the following:

“The evidence most supportive of EPA’s position is the windrose from Calipatria, 10.5 miles north of Brawley, which reveals very slight south-southeasterly winds.”

With this amendment, the petition for rehearing is hereby DENIED.

Intervenor Imperial County Air Pollution Control District’s motion to stay the mandate is GRANTED until March 17, 2004 to permit said Intervenor to file a petition for certiorari with the United States Supreme Court. If before that date a petition for certiorari is filed, this stay shall remain in effect until final disposition by the Supreme Court.