BCCA APPEAL GROUP; National Resources Defense Council; Environmental Defense; David Marrack; Jane W. Elioseff; Galveston-Houston Association for Smog Prevention, (GHASP); Galveston Bay Conservation and Preservation Association, (GBCPA); Sierra Club; and Brazoria County, Texas, Petitioners,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Christine T. Whitman, Administrator; and Gregg A. Cooke, Administrator, United States Environmental Protection Agency, Region 6, Respondents,
v.
State of Texas; Harris County, Texas; BCCA Appeal Group; Environmental Defense; David Marrack; Jane W. Elioseff; Galveston-Houston Association for Smog Prevention; Galveston Bay Conservation and Preservation Association; Houston-Galveston Area Council; City of Houston; and Sierra Club, Intervenors.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
October 28, 2003.
As Amended on Denial of Rehearing and Rehearing January 8, 2004.
Attorney(s) appearing for the Case
F. Walter Conrad, Jr., Jacob Scott Janoe, Baker Botts, Houston, TX, Pamela M. Giblin, David Andrew Savage (argued), Derek Raymond McDonald, Baker Botts, Austin, TX, for BCCA Appeal Group, Petitioner.
Wendy Lynn Blake, Thomas Allen Lorenzen (argued), U.S. Dept. of Justice, Environment & Natural Resources Div., Kenneth C. Amaditz (argued), Lily N. Chinn (argued), U.S. Dept. of Justice, Environmental Defense Section, Christine T. Whitman, U.S. EPA, Washington, DC, for U.S. E.P.A., Whitman and Greene, Respondents.
John Stephen Carow (argued), Austin, TX, for State of Texas, Intervenor.
Tracy Don Hester, Rebecca Jane Rentz, Bracewell & Patterson, Michael Anthony Stafford, Asst. Cty. Atty., Houston, TX, for Harris Cty., TX, Intervenor.
James B. Blackburn, Jr., Blackburn & Carter, Houston, TX, for Elioseff, Galveston-Houston Ass'n for Smog Prevention and Galveston Bay Conservation and Preservation Ass'n, Intervenors.
Robert E. Yuhnke (argued), Robert E. Yuhnke & Associates, Boulder, CO, for Marrack and Environmental Defense, Intervenors.
Patrick Gallagher (argued), Sierra Club, San Francisco, CA, for Sierra Club, Intervenor.
William Joseph Boyce (argued), Fulbright & Jaworski, Houston, TX, William A. Zeis, Fulbright & Jaworski, Austin, TX, for Houston-Galvestion Area Council, Intervenor.
Craig Louis Weinstock, Gerald J. Pels (argued), Locke Liddell & Sapp, Houston, TX, for City of Houston, Intervenor.
John DuVal Walke, David Gregg McIntosh (argued), Natural Resources Defense, Washington, DC, for Natural Resources Defense Council, Intervenor.
Robert E. Morse, III (argued), Crain, Caton & James, Houston, TX, for Brazoria Cty., TX, Petitioner.
Before DAVIS and BENAVIDES, Circuit Judges, and RESTANI, Judge.
United States Court of Appeals, Fifth Circuit.
As Amended on Denial of Rehearing and Rehearing En Banc January 8, 2004.
DAVIS, Circuit Judge, and RESTANI, Judge:
Before the court are consolidated petitions for direct review of a decision of the United States Environmental Protection Agency ("EPA") approving (1) the State of Texas's one-hour ozone attainment demonstration state implementation plan ("SIP") for the Houston-Galveston severe ozone nonattainment area, and (2) the state's control strategy (collectively...
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