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Larry Fafarman

This is ridiculous. Why doesn't the 9th Circuit just say that it lacks jurisdiction because the challenge to the waiver denial is supposed to be filed in the DC Circuit instead? The suit is national in scope because several states that have adopted the California standards are outside the 9th Circuit. Also, challenges to California waiver denials have traditionally been heard by the DC circuit. Also, the EPA's Federal Register notice of its decision -- which should have been published by now -- is going to declare the decision to be national in scope. California should instead be pressing its "citizen suit" (42 USC ยง7604) to get the EPA to publish its decision. And how can the 9th Circuit set a date for California's opening brief (March 24) when EPA's decision has not been published yet?

Larry Fafarman

My preceding comment said,
--"Also, challenges to California waiver denials have traditionally been heard by the DC circuit. "--

Sorry, that statement was an error. This is the first California waiver "denial" -- my statement should have said "California waiver decisions."

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