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WALL v. U.S. E.P.A.

No. 00-4010.

265 F.3d 426 (2001)

Marilyn WALL and Mike Fremont, Petitioners, Sierra Club, Intervenor, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Christine Whitman, Administrator, United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 11, 2001.

Attorney(s) appearing for the Case

David S. Baron (argued and briefed), Earthjustice Legal Defense Fund, Washington, DC, for Petitioners and Intervenor.

Bryan F. Zima (briefed), Office of the Attorney General, Environmental Enforcement Section, Columbus, OH, for Amicus Curiae.

Kendra H. Sagoff (briefed), Environmental Protection Agency, Office of General Counsel, Christopher S. Vaden, Melaine Aureilia Williams (argued and briefed), United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for Respondents.

Before CLAY and GILMAN, Circuit Judges; WISEMAN, District Judge.

OPINION

RONALD LEE GILMAN, Circuit Judge.

This appeal involves the review of a final decision by the United States Environmental Protection Agency (EPA) redesignating the status of the Cincinnati metropolitan area from "nonattainment" to "attainment" for ground-level ozone, and approving a clean air maintenance plan for the area. Marilyn Wall and Mike Fremont, residents of Ohio, filed suit to request that this court vacate the EPA's decision. The Sierra...

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