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Law Humor

: Lowering the Bar

Ninth Circuit Rules in Favor of the "Association of Irritated Residents"

By Kevin Underhill

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The plaintiffs won, and that's all I am going to pass on about this opinion on an environmental-law issue, which (no offense meant to environmental-law practitioners) is dull enough to serve as a sleep aid for Charlie Sheen.

EPA provides as an example a state proposing a revision to make an existing SIP less stringent, arguing that requiring a FIP when EPA disapproves such a relaxing of the SIP would be irrational. EPA?s point is well taken in a situation where the existing SIP remains adequate to attain the NAAQS. The facts in this case, however, are much different . . . . While it may seem counterintuitive to require EPA to promulgate a FIP when it disapproves a revision seeking to undercut an effective existing SIP, it is entirely logical to require EPA to promulgate a FIP when it disapproves a revision seeking to update what it recognizes are serious deficiencies in an existing SIP.

Dear God. I hope Hosni Mubarak doesn't get ahold of this, because he could subdue the protesters just by reading it over the loudspeakers.

Anyway, my interest is only in the title, which I think qualifies for the Comical Case Names page, if only because of the excellent name of the lead non-profit.

Association of Irritated Residents v. United States Environmental Protection Agency, ___ F.3d ___, No. 09-71383 (9th Cir. Feb. 2, 2011).

Whether they will be any less irritated on remand remains to be seen.

Full post as published by Lowering the Bar on February 02, 2011 (boomark / email).

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