UNITED STATES COURT OF APPEALS 

FOR THE NINTH CIRCUIT 

No. 11-71127 

CALIFORNIA COMMUNITIES AGAINST TOXICS, an unincorporated 

association; COMMUNITIES FOR A BETTER ENVRIONMENT, a California 

non-profit organization 

Petitioners, 

v. 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LISA P. 

JACKSON, Administrator, U.S. Environmental Protection Agency, and JARED 

BLUMENFELD, Regional Administrator, 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 Petitioner 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 Petitioner Communities for a 

Better Environment

Case: 11-71127 03/16/2012 ID: 8107129 DktEntry: 75-1 Page: 1 of 3 (1 of 44)
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MOTION FOR LEAVE TO FILE CORRECTED SUPPLEMENTAL 

EXCERPTS OF RECORD AND CORRECTED REPLY BRIEF 

 Petitioners California Communities Against Toxics and Communities for a 

Better Environment (“Communities”) hereby request leave to file Corrected 

Supplemental Excerpts of Record and a Corrected Reply Brief. The Supplemental 

Excerpts of Record that were served and filed March 12, 2012 inadvertently 

omitted 12 pages of the record on which the 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 the 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 Protection Agency and intervenor South 

Coast Air Quality Management District state 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 parties to accurate address the merits of the 

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case, and facilitate the Court’s adjudication of the matter. Replacing 

Communities’ Reply Brief with the Corrected Reply Brief and the Corrected 

Petitioners’ Supplemental Excerpts of Record would therefore serve the ends of 

justice. To avoid delay, Communities are 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 Corrected Petitioners’ Supplemental Excerpts of 

Record. 

Dated: March 16, 2012 Respectfully submitted, 

 

 _____/s__________________ 

 Shana Lazerow 

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