NATURAL RESOURCES DEFENSE COUNCIL v. E.P.A.

No. 12-1321.

777 F.3d 456 (2014)

NATURAL RESOURCES DEFENSE COUNCIL, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY and Gina McCarthy, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided December 23, 2014.


Attorney(s) appearing for the Case

Seth L. Johnson argued the cause for petitioner. With him on the briefs were David S. Baron , and Robert Yuhnke.

Christopher Kilian and Caitlin Peale were on the brief for amicus curiae Conservation Law Foundation in support of petitioner.

Kenneth C. Amaditz , Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief was Jan M. Tierney , Attorney, U.S. Environmental Protection Agency.

Dissenting opinion filed by Senior Circuit Judge RANDOLPH.


Under the Clean Air Act, the Environmental Protection Agency promulgates National Ambient Air Quality Standards for air pollutants. The Act calls for EPA periodically to reconsider those standards. In 2008, EPA revised and strengthened the standards for ozone.

This case concerns two challenges to EPA's regulations...

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