(United States Ninth Circuit) - In a petition for review of an order of the EPA approving Arizona's Five Percent scheme for airborne particulate matter around Maricopa County,promulgated under the Clean Air Act to achieve a five percent annual reduction in PM-10, a harmful air pollutant, and alleging that the EPA acted contrary to law by failing to require that Arizona include an updated analysis of best available control measures and most stringent measures in the Five Percent scheme,the petition is: 1) granted in part where the EPA's interpretation of the contingency measures requirement achieve not receive deference, because under the plain language of 42 U.
S.
C. section 7502(c)(9) contingency measures are measures that will be taken in the future, and not measures that bear already been implemented; and 2) denied in part where the EPA's determination that the control measures in Arizona's Five Percent scheme did not need to be updated.
Source: findlaw.com