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ENVIRONMENTAL DEFENSE FUND v. E.P.A.

No. 97-1637.

167 F.3d 641 (1999)

ENVIRONMENTAL DEFENSE FUND, on behalf of itself and its members, Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY and Carol M. Browner, in her capacity as Administrator of the United States Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided March 2, 1999.

Attorney(s) appearing for the Case

Robert E. Yuhnke argued the cause and filed the briefs for petitioner.

Thomas A. Lorenzen, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were Lois J. Schiffer, Assistant Attorney General, Karen L. Egbert, Attorney, U.S. Department of Justice, Sara Schneeberg, Attorney, Environmental Protection Agency, and Peter J. Plocki, Attorney, U.S. Department of Transportation.

Before: WALD, WILLIAMS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

Dissenting opinion filed by Circuit Judge WILLIAMS.

TATEL, Circuit Judge:

Petitioner challenges several provisions of the 1997 Final Rule issued by the Environmental Protection Agency pursuant to the 1990 amendments to the Clean Air Act. That statute prohibits a metropolitan planning organization from approving and the Department of Transportation from funding...

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