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, 

Respondent. 

__________________________________________________________________ 

PETITIONERS’ REQUEST FOR JUDICIAL 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 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 

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REQUEST FOR JUDICIAL NOTICE

 In accordance with Federal Rule of Evidence Rule 201, Petitioners 

California Communities Against Toxics and Communities for a Better 

Environment respectfully request that the Court take judicial notice of the contents 

of the following documents, attached hereto: 

A. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT, FINAL 2003 AIR 

QUALITY MANAGEMENT PLAN (pages 4-7, 4-11, 4-12, 4-59.) 

B. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT, FINAL 2007 AIR 

QUALITY MANAGEMENT PLAN (pages 3-1 – 3-8, III-2-28 – III-2-31.) 

C. STAFF REPORT, PROPOSED RULE 1315: FEDERAL NEW SOURCE REVIEW 

TRACKING SYSTEM 1-15, SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT,

(Sept. 8, 2006). 

D. South Coast Air Quality Management District Rule 1301, available 

online at: http://www.aqmd.gov/rules/reg/reg13/r1301.pdf 

E. South Coast Air Quality Management 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 

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G. South Coast Air Quality Management 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/reg13/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 

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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 territorial jurisdiction of the trial court; or, (2) 

capable of accurate and ready determination by resort to sources whose accuracy 

cannot be reasonably questioned. Judicial notice may be granted at any stage in 

the proceeding, including on appeal. (Fed. R. Evid. 201(f).) 

Exhibits A, B, C and E are true and correct 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 City’s official website and in its files.) 

The origin, content, and accuracy of Exhibits A, B, C, and E can be readily verified 

by reference to SCAQMD’s official records. Therefore, the Court may properly 

take notice of Exhibits A, B, C, and E. 

Exhibits D, F, G, and H are true and correct copies of official enactments 

and regulations of SCAQMD. Exhibit D is a copy of SCAQMD’s Rule 1301; 

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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 enactments and regulations issued by any public 

entity. (See Citizens for a Better Env't-California 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, and accuracy of Exhibits A and B can be 

readily verified by reference to SCAQMD’s official records and website. 

Therefore, the Court may properly take notice 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

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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 for 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 

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