Submitted, San Francisco, California: February 9,
Petition for certiorari filed at, 07/25/2015
Appeal from the United States District Court for the Eastern District of California. D.C. No. 2:11-cv-00384-MCE-GGH. Morrison C. England, Chief District Judge, Presiding.
The panel affirmed the dismissal for lack of subject matter jurisdiction of a federal preemption challenge to a California environmental regulation addressing diesel trucks.
The panel affirmed the district court's holding that the Environmental Protection Agency's approval of the regulation as part of California's state implementation plan divested the district court of jurisdiction under § 307(b)(1) of the Clean Air Act. The panel concluded that the suit, as a practical matter, challenged the state implementation plan itself. Because the court of appeals has exclusive jurisdiction over such challenges pursuant to § 307(b)(1), the district court lacked jurisdiction.
Patrick J. Whalen, Law Offices of Brooks Ellison, Sacramento, California, for Plaintiff-Appellant.
Nicholas Stern, Deputy Attorney General for the State of California, Sacramento, California, for Defendants-Appellees.
Melissa Lin Perrella, David Pettit, and Morgan Wyenn, Natural Resources Defense Council, Santa Monica, California, for Intervenor-Defendant-Appellee.
Before: John T. Noonan, Senior Circuit Judge, Barry G. Silverman, Circuit Judge, and Paul C. Huck, Senior District Judge.[**]
Paul C. Huck, Senior District Judge