Association of Irritated Residents v. EPA (Ninth Circuit)

The Clean Air Act requires the EPA to regulate pollution in states and localities by reviewing State Implementation Plans, including individual District rules that are parts of those state plans. In this case, the EPA proposed to retroactively limit the applicability of certain District rules, insofar as EPA determined that the District did not have legal authority to enforce them against minor agricultural sources, including two ranches owned by Foster Farms. A citizen group sued the EPA to challenge this rulemaking. On behalf of Foster Farms as an intervenor, we argued that the citizen group lacked standing to bring the suit, and that the EPA had the authority to take the actions in question, particularly because Congress delegated the relevant decision-making to the EPA through statutory gaps. Tim Bishop argued the case on February 10, 2015, and on June 23, 2015, the Ninth Circuit issued a published opinion agreeing with our core arguments on the merits, handing a categorical victory to our client. The case was handled by Carmine Zarlenga, Tim Bishop, Michael Kimberly, and Matthew Waring.


Answering Brief

Oral Arguments

Oral Argument