Sierra Club, Imperial County Air Pollution Control District v. United States Environmental Protection Agency Michael O. Leavitt

ORDER The opinion filed October 9, 2003 is hereby amended as follows:

Slip. Op. at 15008, lines 10-8 from the bottom:

Replace the sentence that currently reads “The best evidence adduced by EPA is the windrose from Calipatria, several miles south of Brawley, which reveals very slight south-southeasterly winds” with the following:

“The evidence most supportive of EPA’s position is the windrose from Calipatria, 10.5 miles north of Brawley, which reveals very slight south-southeasterly winds.”

With this amendment, the petition for rehearing is hereby DENIED.

*1187 Intervenor Imperial County Air Pollution Control District’s motion to stay the mandate is GRANTED until March 17, 2004 to permit said Intervenor to file a petition for certiorari with the United States Supreme Court. If before that date a petition for certiorari is filed, this stay shall remain in effect until final disposition by the Supreme Court.