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Ober v. EPA
United States Court of Appeals for the Ninth Circuit
84 F.3d 304 (1996)
The Environmental Protection Agency (EPA) (defendant) regulated air-quality standards for each state under the Clean Air Act. In 1994 the EPA proposed to approve the Phoenix Implementation Plan, a plan for Arizona to meet its air-quality standards. The EPA provided a notice-and-comment period pursuant to the Administrative Procedure Act (APA) and received comments from Edward Ober (plaintiff) and other interested parties who opposed the plan. After the notice-and-comment period, Arizona sent the EPA additional documents to justify Arizona’s rejection of certain control measures. These documents were not available to the public during the comment period. The EPA considered the additional documents, accepted Arizona’s reasoning for rejecting the control measures, and approved Arizona’s plan. Ober claimed that the EPA had violated the APA’s notice-and-comment requirements by relying on the additional documents to make its final decision about the plan.
Rule of Law
Holding and Reasoning (Trott, J.)
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