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SIERRA CLUB v. U.S. E.P.A.

No. 95-9541.

99 F.3d 1551 (1996)

SIERRA CLUB; Wasatch Clean Air Coalition, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, State of Utah, Intervenor.

United States Court of Appeals, Tenth Circuit.

November 13, 1996.

Attorney(s) appearing for the Case

Munir R. Meghjee (Robert B. Wiygul, Sierra Club Legal Defense Fund, Denver, CO, and Robert W. Adler, Salt Lake City, UT, with him on the briefs), Sierra Club Legal Defense Fund, Denver, CO, for Petitioners.

David A. Carson, (Lois J. Schiffer, Assistant Attorney General, Environment & Natural Resources Division; Kevin W. McLean and Kendra H. Sagoff, Office of General Counsel, United States Environmental Protection Agency, Washington, DC; Jonah M. Staller, Office of Regional Counsel, United States Environmental Protection Agency, Denver, CO, with him on the brief), United States Department of Justice, Environment & Natural Resources Division, Denver, CO, for Respondent.

Fred G. Nelson (Jan Graham, Attorney General; Denise Chancellor, Assistant Attorney General, with him on the brief), Assistant Attorney General, Salt Lake City, UT, for Intervenor.

Before BRORBY, GODBOLD and McWILLIAMS, Circuit Judges.

BRORBY, Circuit Judge.

The Sierra Club and Wasatch Clean Air Coalition ("Petitioners") seek judicial review of a final agency action in accordance with the Clean Air Act (the "Act"), 42 U.S.C. § 7607(b)(1) (1994). Specifically, Petitioners challenge the Environmental Protection Agency's decision to exempt Salt Lake and Davis Counties, Utah (the "Counties") from selected Clean Air Act "nonattainment area" requirements without first redesignating the Counties as...

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