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, Respondent.

________________________ ______________________ ____________________

PETITIONERS’ REQUEST FOR JUDI CIAL NOTICE; MEMORANDUM IN SUPPORT THEREOF

________________________ ______________________ ____________________ 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 07/26/2011 Page: 1 of 6 ID: 7832442 DktEntry: 18-12 REQUEST FOR JUDICIAL NOTICE

In accordance with Federal Rule of Evidence Rule 201, Petitioners California Communities Against Toxi cs and Communities for a Better Environment respectfully request that the Court take judici al notice of the contents of the following documents, attached hereto:

A. S OUTH C OAST A IR Q UALITY M ANAGEMENT D ISTRICT , F INAL 2003 A IR Q UALITY M ANAGEMENT P LAN (pages 4-7, 4-11, 4-12, 4-59.)

B. S OUTH C OAST A IR Q UALITY M ANAGEMENT D ISTRICT , F INAL 2007 A IR Q UALITY M ANAGEMENT P LAN (pages 3-1 – 3-8, III-2-28 – III-2-31.)

C. S TAFF R EPORT , P ROPOSED R ULE 1315: F EDERAL N EW S OURCE R EVIEW

T RACKING S YSTEM 1-15, S OUTH C OAST A IR Q UALITY M ANAGEMENT D ISTRICT , (Sept. 8, 2006). D. South Coast Air Quality Manageme nt District Rule 1301, available online at: http://www.aqmd. gov/rules/reg/reg13/r1301.pdf E. South Coast Air Quality Manageme nt District Board Meeting Agenda No. 35 to Amend Rule 1156 (March 6, 2009) (available at: http://www.aqmd.gov/hb/2009/March/090335a.htm). F. South Coast Air Quality Management District Rule 1156, available online at: http://www.arb.ca.gov/DRDB/SC/CURHTML/R1156.PDF Case: 11-71127 07/26/2011 Page: 2 of 6 ID: 7832442 DktEntry: 18-13 G. South Coast Air Quality Manageme nt District Rule 1157, available online at: http://www.aqmd. gov/rules/reg/reg11/r1157.pdf H. South Coast Air Quality Management District Rule 1309.1, available online at: http://www.aqmd.gov/ rules/reg/re g13/r1309-1.pdf

DATED: July 25, 2011 /s Angela Johnson Meszaros Attorney for Petitioner California Communities Against Toxics

Shana Lazerow Attorney for Petitioner Communities for a Better Environment Case: 11-71127 07/26/2011 Page: 3 of 6 ID: 7832442 DktEntry: 18-14 MEMORANDUM IN SUPPORT OF REQUEST FOR JUDICIAL NOTICE Under Federal Rule of Evidence 201, a court may judicially notice facts that are: (1) generally known within the territori al jurisdiction of the trial court; or, (2) capable of accurate and ready determinat ion by resort to sources whose accuracy cannot be reasonably questioned. Judicial notice may be granted at any stage in the proceeding, including on a ppeal. (Fed. R. Evid. 201(f).) Exhibits A, B, C and E are true and corre ct copies of records and reports of the South Coast Air Quality Management District (SCAQMD). Exhibit A is an excerpt from SCAQMD’s 2003 Final Plan ; Exhibit B is an excerpt from SCAQMD’s 2007 Final Plan; Exhibit C is a copy of SCAQMD’s September 2006 Staff Report; and, Exhibit E is a copy of SCQAMD’s March 2009 Board Meeting. Judicial notice may be properly taken of public records, including the records and reports of administrative bodies. ( See Santa Monica Food Not Bombs v. City of

Santa Monica , 450 F.3d 1022, 1025, fn. 2 (9th Cir. 2006) (taking judicial notice of public records that were accessible on the C ity’s official website and in its files.) The origin, content, and accuracy of Exhib its A, B, C, and E can be readily verified by reference to SCAQMD’s official reco rds. Therefore, the Court may properly

take notice of Exhibits A, B, C, and E. Exhibits D, F, G, and H are true and co rrect copies of official enactments and regulations of SCAQMD. Exhibit D is a copy of SCAQMD’s Rule 1301; Case: 11-71127 07/26/2011 Page: 4 of 6 ID: 7832442 DktEntry: 18-15 Exhibit F is a copy of SCAQMD’s Rule 1156; Exhibit G is a copy of SCAQMD’s Rule 1157; and Exhibit H is a copy of SCAQMD’s Rule 1309.1. The Court may take judicial notice of the official enac tments and regulations issued by any public entity. ( See Citizens for a Better Env't-Californ ia v. Union Oil Co. of California , 861 F. Supp. 889, 897 (N.D. Cal. 1994) aff'd , 83 F.3d 1111 (9th Cir. 1996) (“[m]atters of public record include court and agency orders and agency regulations.”) The origin, content, a nd accuracy of Exhibits A and B can be readily verified by reference to SCAQ MD’s official records and website. Therefore, the Court may properly take no tice of Exhibits D, F, G, and H. For these reasons, Petitioners request that this Court take judicial notice of Exhibits A through H. DATED: July 25, 2011 /s Angela Johnson Meszaros Attorney for Petitioner California Communities Against Toxics

/s Shana Lazerow Attorney for Petitioner Communities for a Better Environment Case: 11-71127 07/26/2011 Page: 5 of 6 ID: 7832442 DktEntry: 18-16 CERTIFICATE OF SERVICE I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals fo r the Ninth Circuit by using the appellate CM/ECF system on July 25, 2011. I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the appellate CM/ECF system. I certify under penalty of perjury that the foregoing is true and correct. Executed on July 25, 2011 in Berkeley, California.

_______/s Shana Lazerow Case: 11-71127 07/26/2011 Page: 6 of 6 ID: 7832442 DktEntry: 18-1