UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

No. 11-71127

CALIFORNIA COMMUNITIES AGAINS T TOXICS, an unincorporated association; COMMUNITIES FOR A BE TTER ENVRIONMENT, a California non-profit organization Petitioners, v. UNITED STATES ENVIRONMENTAL PR OTECTION AGENCY, LISA P. JACKSON, Administrator, U.S. Enviro nmental Protection Agency, and JARED BLUMENFELD, Regional Administrato r, Region IX, U.S. Environmental Protection Agency, Respondents.

________________________ ______________________ ____________________

MOTION FOR LEAVE TO FILE CORRECTED SUPPLEMENTAL EXCERPTS OF RECORD AND CORRECTED REPLY BRIEF

________________________ ______________________ ____________________ Angela Johnson Meszaros, SBN 174130 angela@cleanairmatters.net Timothy R. Grabiel, SBN 231045 tgrabiel@defenseterre.org Law Offices of Angela Johnson Meszaros 1107 Fair Oaks Avenue, Suite 246 South Pasadena, CA 91030 323-341-5868 office 323-872-5212 fax Attorneys for Pe titioner California Communities Against Toxics Shana Lazerow, SBN 195491 slazerow@cbecal.org Maya Golden-Krasner, SBN 217557 maya@cbecal.org Communities for a Better Environment 1904 Franklin Street, Suite 600 Oakland, CA 94612 510-302-0430 office 510-302-0437 fax Attorneys for Petitione r Communities for a Better Environment Case: 11-71127 03/16/2012 ID: 8107129 DktEntry: 75-1 Page: 1 of 3 (1 of 44)1 MOTION FOR LEAVE TO FILE CORRECTED SUPPLEMENTAL EXCERPTS OF RECORD AND CORRECTED REPLY BRIEF Petitioners California Communities Ag ainst Toxics and Communities for a Better Environment (“Communities”) here by request leave to file Corrected Supplemental Excerpts of Record and a Co rrected Reply Brief. The Supplemental Excerpts of Record that were served and filed March 12, 2012 inadvertently omitted 12 pages of the record on which th e reply brief relied. In addition, the Index to the Supplemental Excerpts of Record failed to include the necessary information about the excerpts.

Communities also seek to file a Correct Reply Brief, correcting an error in the Table of Authorities (citing to 7 Fed. Reg. 10430 instead of 77 Fed. Reg. 10430) and correcting citations to th e Corrected Petitioners’ Supplemental Excerpts of Record and its index. Other than the above, no changes have been made to the Supplemental Excerpts of Record or to Communities’ Reply Brief. Communities contacted all parties via electronic mail on March 15, 2012 to ask their position regarding this motion. Respondent U.S. Environmental Pro tection Agency and intervenor South Coast Air Quality Management District st ate that they do not oppose the motion. Intervenor CPV Sentinel did not respond. Communities believe that granting this motion will enable the Court and the partie s to accurate address the merits of the Case: 11-71127 03/16/2012 ID: 8107129 DktEntry: 75-1 Page: 2 of 3 (2 of 44)2 case, and facilitate the Court’s adj udication of the matter. Replacing Communities’ Reply Brief with the Corre cted Reply Brief and the Corrected Petitioners’ Supplemental Excerpts of Record would therefore serve the ends of justice. To avoid delay, Communities ar e filing and serving the corrected opening brief concurrently with this motion by means of the Court’s electronic filing system, and mailing copies of the Correct ed Petitioners’ Supplemental Excerpts of

Record. Dated: March 16, 2012 Re spectfully submitted,

_____/s__________________ Shana Lazerow Case: 11-71127 03/16/2012 ID: 8107129 DktEntry: 75-1 Page: 3 of 3 (3 of 44)