Owner-Operator Independent Drivers Association, Inc. v. Richard Corey

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
OWNER-OPERATOR INDEPENDENT
DRIVERS ASSOCIATION, INC., et al.,
Plaintiffs - Appellants,
v.
RICHARD COREY, et al.,
Defendants - Appellees.
No. 15–16429
D.C. No. 2:14-cv-00186-MCE-AC
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, District Judge, Presiding
Argued and Submitted April 19, 2017
San Francisco, California
Before: REINHARDT and TASHIMA, Circuit Judges, and MOLLOY,** District
Judge.
Owner-Operator Independent Drivers Association, Inc. appeals the district
court’s order dismissing for lack of subject matter jurisdiction its challenge to
FILED
APR 26 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable Donald W. Molloy, United States District Judge for the
District of Montana, sitting by designation.

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Appellees’ enforcement of the Truck and Bus Regulation, an EPA-approved rule
concerning heavy vehicle emissions. Because, “as a practical matter,” the
Association’s suit challenges the EPA Administrator’s final action in approving the
Regulation as part of California’s State Implementation Plan, we affirm. Cal.
Dump Truck Owner’s Ass’n v. Nichols, 784 F.3d 500, 507 (9th Cir. 2015), cert
denied 136 S. Ct. 403 (Nov. 2, 2015). See also 42 U.S.C. § 7607(b)(1). We need
not reach the issue of whether the EPA was a necessary and indispensable party to
the action.
AFFIRMED.
2

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