Trustees for Alaska v. Fink

EUGENE A. WRIGHT, Circuit Judge.

Trustees for Alaska sued Anchorage, arguing that Part D of the 1977 Amendments to the Clean Air Act, 42 U.S.C. §§ 7501-7508, did not allow the municipality to make conditional commitments to Traffic Control Measures in Alaska’s State Implementation Plan. We hold that Anchorage could and did condition its commitment to expanding mass transit bus service upon the availability of funding. And we affirm the district court’s finding that Trustees failed to meet their burden of showing that Anchorage violated the condition by not taking reasonable steps to locate…