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SOUTHERN ORGANIZING COMMITTEE v. U.S. E.P.A.

Nos. 02-13486, 02-13705.

333 F.3d 1288 (2003)

SOUTHERN ORGANIZING COMMITTEE FOR ECONOMIC AND SOCIAL JUSTICE, Georgia Coalition for the People's Agenda, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, State of Georgia, Intervenor. Sierra Club, Petitioner, v. United States Environmental Protection Agency, Respondent.

United States Court of Appeals, Eleventh Circuit.

June 16, 2003.

Attorney(s) appearing for the Case

S. Wesley Woolf, Ciannat Howett, Southern Environmental Law Center, Atlanta, GA, Robert E. Yuhnke, Boulder, CO, J. David Farren, Chapel Hill, NC, Patrick Gallagher, Sanjay Narayan, Sierra Club, San Francisco, CA, for Petitioners.

Norman L. Rave, Jr., U.S. Dept. of Justice, Washington, DC, Leif Palmer, EPA-Office of Regional Counsel, Atlanta, GA, for Respondent.

A. Benjamin Goldgar, Chicago, IL, Donald Trahan, LA Dept. of Environmental Quality, Baton Rouge, LA, Timothy P. Duggan, Jefferson, City, MO, for Amici Curiae.

Patricia T. Barmeyer, Lewis B. Jones, Randy J. Butterfield, King & Spalding, Diane L. DeShazo, State of GA, Dept. of Law, Atlanta, GA, for Intervenor.

Before EDMONDSON, Chief Judge, and KRAVITCH and GIBSON, Circuit Judges.

PER CURIAM:

Petitioners Southern Organizing Committee, Georgia Coalition for the People's Agenda, and the Sierra Club ("Petitioners") challenge the final rule issued by the United States Environmental Protection Agency ("EPA") approving the Georgia State Implementation Plan ("SIP") for the Atlanta serious 1-hour ozone nonattainment area. 67 Fed.Reg. 30,574-89 (May 7, 2002).

The Clean Air Act ("CAA") creates a comprehensive scheme for regulating air quality...

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